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How can the joint and several liable persons exercise the right of recourse after assuming the responsibility?

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How can the joint and several liable persons exercise the right of recourse after assuming the responsibility?


        

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  • 2024-06-12 20:00:00

    How can the joint and several liable persons exercise the right of recourse after assuming the responsibility?
    1. The right of recourse of joint and several liability is divided into full right of recourse and partial right of recourse. The full right of recourse means that the joint and several persons can claim to repay all the expenses they have paid from other joint and several persons after performing their obligations; 2. The right of partial recovery means that the joint and several persons can claim a certain share of the expenses from other joint and several persons after performing their obligations, and the expenses of the remaining share shall be borne by themselves. The commonness of the full right of recovery and the partial right of recovery of joint and several liability: 1. The joint and several liability between the claimant and the recovered is a community of interests, which exists in the joint liability. 2. Both the claimant and the person against whom the claim is made have the obligation to pay off all the debts, and both have the obligation to pay off the debts to the obligee, regardless of the order and magnitude of the responsibilities. 3. After the claimant assumes full responsibility, the original relationship between the creditor and the debtor will be eliminated, and then a new share responsibility will arise in the joint responsibility. At this time, the claimant becomes a new creditor and has the right to request other joint and several persons to repay their respective shares. 4. "Statutory" and "agreement" are the premise of forming joint liability. The difference between the full right of recovery of joint and several liability and the partial right of recovery of joint and several liability is that the full claimant can recover all the expenses from other joint and several liability persons after performing their obligations, while the partial claimant can only recover part of the expenses. Do you understand this explanation?

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