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How to recover after assuming joint liability

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How to recover after assuming joint liability


        

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  • 2024-06-15 09:01:49

    According to the current judicial practice in China, there are mainly two kinds of recovery procedures:

    First, in the case that has not been tried by the court, if the joint and several liable persons have directly assumed joint and several liability in accordance with the contract agreement, they can sue to the court to exercise the right of recourse;

    Second, in the case tried by the court, if the joint and several liability person has assumed joint and several liability according to the effective judgment document, if the effective judgment document has specified that the joint and several liability person can exercise the right of recourse against the principal debtor or other joint and several liability person, and has specified the share of liability of each joint and several liability person, then the joint and several liability person need not take separate action, May directly apply to the people's court for enforcement of the case; If the judgment document does not specify the share to be borne by each joint and several responsible person, it is necessary to sue separately to exercise the right of recovery.

    Legal basis

    Article 84 of the Civil Code of the People's Republic of China [Restriction of Improper Use of Affiliation] The controlling contributor, actual controller, directors, supervisors, and senior managers of a profit-making legal person shall not use their association to damage the interests of the legal person; If losses are caused to a legal person by making use of the associated relationship, it shall be liable for compensation.

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