Proportional liability, fault liability, supplementary liability and joint and several liability are four different forms of legal liability, each of which has different definitions and scopes of application, as well as different characteristics.
Share-based responsibility. Proportional liability refers to the civil liability of two or more responsible persons to pay off to the creditor only according to their respective shares. This form of liability is usually applied to joint torts, joint debts, etc. In the share liability, each responsible person bears the repayment liability to the creditor according to its share and does not bear the share of the debt of the other responsible persons. Creditors can only claim satisfaction in respect of their share of the liability of each responsible person.
Liability for fault. Fault liability means that the damage does not necessarily bear the liability for damage, and it must depend on whether the actor is at fault. In fault liability, only when the actor is subjectively at fault, it is necessary to bear the corresponding civil liability. This form of liability is usually applied in cases such as general torts and breaches of contract.
Supplemental Liability. Supplementary liability refers to the indirect liability borne by the party with whom the principal responsible person is unable to bear all the liability for compensation, and the party with whom it has a specific connection bears the part that it cannot pay in accordance with the law. Supplementary liability mainly applies to situations where guardians should bear civil liability for harm caused by a person with limited capacity. In supplementary liability, the supplementary liable person only needs to bear the corresponding civil liability when the principal liable person cannot bear all the liability for compensation.
Joint and several liability. Joint and several liability refers to a kind of civil liability in which two or more parties bear full responsibility for the joint civil liability for non-performance of civil obligations in accordance with the provisions of the law or the agreement of the parties, and thus give rise to an internal debt relationship. This form of liability is usually applicable to joint torts, joint debts, joint and several guarantees, etc. In joint and several liability, each liable person is liable for full repayment to the creditor, while the creditor may require any one or more jointly and severally liable persons to be liable for all or part of the liquidation.
Each of these four forms of liability has different characteristics and scope of application, and needs to be judged and selected according to the specific situation. Legal gas station