Glossary entry

English term or phrase:

joint and several liability

Chinese translation:

连带责任

May 21, 2009 23:54
15 yrs ago
English term

joint and several liability

GBK English to Chinese Law/Patents Law (general)
Definition from www.businessballs.com:
Where parties act together in a contract as partners they have joint and several liability. In addition to all the partners being responsible together, each partner is also liable individually for the entire contract - so a creditor could recover a whole debt from any one of them individually, leaving that person to recover their shares from the rest of the partners.
Example sentences:
It has become apparent in our industrialized society that this doctrine [the common law doctrine of joint and several liability] has produced inequitable and unfair results that have had a detrimental impact on businesses. (www.pointoflaw.com)
Judgment against a teaching hospital in a medical malpractice suit shall be based on the percentage of fault and not Joint and Several Liability. (www.subrogation.net)
Joint and several liability can also apply to rent arrears on joint tenancies, arrears on joint mortgages, Council Tax payments and water charges on properties that have been jointly occupied. (Payplan Ltd. )
Proposed translations (Chinese)
4 +2 连带责任
Change log

May 21, 2009 12:24: changed "Kudoz queue" from "In queue" to "Public"

May 21, 2009 23:54: changed "Stage" from "Preparation" to "Submission"

May 24, 2009 23:54: changed "Stage" from "Submission" to "Selection"

May 25, 2009 04:54: changed "Stage" from "Selection" to "Completion"

Proposed translations

+2
1 hr
Selected

连带责任

Definition from Chinacourt.org:
连带责任作为民事责任的一种,是指根据法律规定或当事人有效约定,两个或两个以上的连带义务人都对不履行义务承担全部责任。连带责任的规定,保障了债权人的利益。
Example sentences:
(1)连带责任是一种多数主体责任,即与债权人相对应的债务人在数量上为两个以上。(2)连带责任是违反法律义务所承担的民事责任。这种法律义务首先是合同法上的义务,即给付义务,表现为作为。合同法上的义务可以是合同当事人的约定(如约定的连带保证责任),也可以是对合同当事人权利义务的法定(如法定的合伙人对合伙债务的连带责任)。其次是侵权法上的义务,即不得侵害他人人身、财产权益的义务,表现为不作为(如共同侵权的连带责任)。(3)连带责任人中任何一人对违反法律义务的后果都必须负全部责任。 (Baidu)
Peer comment(s):

agree Sherwin Zhou
51 mins
agree Bin Tiede (X)
10 hrs
disagree rhz820319 : 我倾向于“共同连带责任”
23 hrs
agree Yurek
3 days 3 hrs
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4 KudoZ points awarded for this answer.
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