連帶債權 的英文怎麼說
中文拼音 [liándàizhàiquán]
連帶債權
英文
joint credit-
As to this, the author classified it to two categories, they are the cause of breaking promise and the cause of legal provision. the former specifically covers joint obligation, impartible obligation, concurrent obligation and joint responsibility guarantee etc ; the latter mainly refers to together tortious act and together jeopardizing act. here, the author also discusses in view of the practice to clarify the issue of the application of law
即連帶責任的違反約定的成因和違反法定的成因,而前者具體包括連帶債務,不可分債務,並存的債務承擔,連帶責任保證等,而後者則主要是指共同侵權行為和共同危險行為,當然對此筆者也進行了實踐上的探討,以明確法律的運用問題。It has formed its own theoratical system. on the non - essential joint and several liability, the case of indicting many debtors at the same time should introduce common - joinder
不真正連帶債務中,債權人一併起訴數個債權人的情形應當適用普通共同訴訟方式進行合併審理。Article 154 the guarantor of the bankrupt person and other joint debtors shall continue to be liable for liquidation to obligatory rights not paid off in the procedure of bankruptcy liquidation after the conclusion of the bankruptcy
第一百五十四條破產人的保證人和其他連帶債務人,在破產案件終結后,對債權人未依破產清算程序受償的債權,應當繼續承擔清償責任。If the filed claim is a joint claim, the same shall be stated
申報的債權是連帶債權的,應當說明。Explanations shall be made if rights declared are joint ones
申報的債權是連帶債權的,應予以說明。Joint debts in joint liabilities are important both in practice and theory. while the joint creditor ' s rights are not attached much importance to because of their rare applications in practice
連帶之債中連帶債務在實務上和理論上具有重要意義,連帶債權則因在實踐中較少運用,不被人重視。Where a party has effected division after it entered into a contract, unless otherwise agreed by the obligee and obligor thereunder, the legal persons or other organizations resulting from the division jointly and severally assume the rights and obligations thereunder
當事人訂立合同後分立的,除債權人和債務人另有約定的以外,由分立的法人或者其他組織對合同的權利和義務享有連帶債權,承擔連帶債務。Staring with the concepts and properties of joint liability, the author of this paper attempts to conduct studies with great emphasis the causes and effects of the joint debts and the creditor ' s rights, lists the current stipulations of joint debts in all our separate decrees, analyses the relationship and differentiations between the joint debts and the untruly joint debts, and finally proposes a few suggestions based on the current legislative situations
本文從連帶之債的概念及性質著手,著重分析了連帶債務、連帶債權的發生原因及其效力,羅列了我國各個單項法律就連帶債務規定的現狀,並分析了連帶債務與不真正連帶債務的聯系、區別,最後針對立法現狀提出了幾點建議。Article 50 : the claim of joint claimants may be filed by one among them acting as representative for all of the joint claimants or may be jointly filed by them
第五十條?連帶債權人可以由其中一人代表全體連帶債權人申報債權,也可以共同申報債權。Article 41 as to joint creditors, one creditor can represent all the joint creditors in the declaration of obligatory rights and they may also declare separately
第四十一條連帶債權人可以由其中一人代表全體連帶債權人申報債權,也可以各自申報債權。Article 42 the guarantor to the debtor or other joint debtors shall declare to the peoples court its obligatory rights as to its right of recourse rising out of bearing of joint duties
第四十二條債務人的保證人或者其他連帶債務人,應當就其承擔連帶清償義務而享有的追償權,向人民法院申報債權。Article 72 rights enjoyed by conciliating creditors to the guarantor of the debtor and other joint debtors will not be affected by the conciliation agreement
第七十二條和解債權人對于債務人的保證人和其他連帶債務人所享有的權利,不因和解協議的成立而受影響。Article 51 : if the guarantor of the debtor or another debtor bearing joint and several liability has discharged a debt on behalf of the debtor, it shall file its claim on the basis of its right to seek reimbursement from the debtor
第五十一條?債務人的保證人或者其它連帶債務人已經代替債務人清償債務的,以其對債務人的求償權申報債權。Article 129 where one or more joint debtors are declared bankrupt and the other joint debtor has paid off debts for the bankrupt person, it may exercise its right to recourse as the bankruptcy obligatory right
第一百二十九條連帶債務人一人或者數人受破產宣告的,其他連帶債務人已經代替破產人清償債務的,可以其求償權作為破產債權行使權利。Article 43 where joint debtors are applied to procedures of this law simultaneously or in sequence, their creditors are entitled to declare to the peoples court all the obligatory rights separately in each bankruptcy case
第四十三條連帶債務人同時或者先後被申請適用本法規定的程序的,其債權人有權就全部債權,分別在各破產案件中向人民法院申報債權。Article 52 : if a ruling is rendered stating that multiple debtors bearing joint and several liability shall each be subject to the procedure specified in this law, their creditors shall have the right to file all of their claims in each of the bankruptcy cases
第五十二條?連帶債務人數人被裁定適用本法規定的程序的,其債權人有權就全部債權分別在各破產案件中申報債權。Article 128 where one or more joint debtors are declared bankrupt, the creditor may take the total amount of its obligatory rights at the time of bankruptcy declaration as bankruptcy obligatory rights and exercise rights separately to each bankrupt person
第一百二十八條連帶債務人一人或者數人受破產宣告的,債權人可以其在破產宣告時的債權全額作為破產債權,對各破產人行使權利。Where one or more joint debtors are declared bankrupt, other joint debtor may exercise its future right to recourse, when paying off debts for the bankrupt person, as the bankruptcy obligatory right, except that the creditors have already exercised the total amount of the obligatory rights
連帶債務人一人或者數人受破產宣告的,其他連帶債務人可以其代替破產人清償債務的將來求償權,作為破產債權行使權利。但是,債權人已就其債權全額行使權利的,不在此限。The form of non - essential joint and several liability can be classified and arranged by the regulation of permutation and combinations in maths. as a special responsible form, it has common with some people tort without joined intent, joint dangerous behavior, third person encroaching on creditor ' s rights, and so on
不真正連帶債務的形態可以用數學中的排列組合規律做出系統分類和整理;作為一種特殊的責任形態,其與無意思聯絡的數人侵權、共同危險行為、第三人侵害債權等既有共性,但又存在著顯著的區別。Basing on different reasons, each of the deltors, for the same content, should fulfill the responsibility to the creditors. after one of the deltor ' s fulfillment, others, as their creditors " purpose acheived, may get the right of refuting that they do n ' t need to fulfill it any more. such kind of delt is non - essential joint and several liability
不真正連帶債務是數個債務人基於不同的發生原因,就同一內容的給付,各負向債權人全部履行的義務;債務人之一完全履行后,其他債務人因債權人目的達到而獲得對債權人可以不再履行的抗辯權的債務。分享友人