Article 307 of the Civil Code provides that in the case of claims and debts arising from jointly owned immovable or movable property, the co-owners shall enjoy joint and several creditor's rights and bear joint and several debts in their external relations, unless otherwise provided by law or the third party knows that the co-owners do not have joint creditor's rights and debts; In terms of the internal relationship of the co-owners, unless otherwise agreed by the co-owners, the co-owners shall enjoy the creditor's rights and bear the debts according to their shares, and the co-owners shall jointly enjoy the creditor's rights and bear the debts. A co-owner who repays debts in excess of his share shall have the right to recover from the other co-owners.
Purpose of the Article: This article deals with the external and internal effects of creditor's rights and debts arising from common property.
Interpretation of the Provisions I. External Effect of Creditor's Rights and Debts Arising from Common Property.
The first sentence of this article stipulates the external effect of the creditor's rights and debts arising from the common property. According to the provisions of this article, regardless of whether it is co-owned by shares or jointly co-owned, as long as the claims and debts arise from the jointly owned immovable or movable property, in terms of external relations, the co-owners shall have joint and several claims and debts for the claims and debts, unless otherwise provided by law or the third party knows that the co-owners do not have joint and several claims and debts. The joint and several method is that when the co-owners have joint and several claims, either co-owner can claim against a third party, and when the co-owners bear joint and several debts, the third party can claim against any of the co-owners. Article 38 of the Partnership Law stipulates that a partnership shall first pay off its debts with all its property. Article 39 stipulates that if a partnership fails to pay off its debts as they fall due, the partners shall bear unlimited joint and several liability.
This article does not distinguish between co-ownership and co-ownership of the external effect of the creditor's rights and debts arising from the common property, in order to protect the rights and interests of bona fide third parties, and it is difficult for the third party to know the nature of the co-ownership relationship of the co-owners. If the third party is not aware of the internal relationship of the co-owner, the law provides that the co-owner has joint and several claims and debts against it, and the third party can claim its claim against any of the co-owners, thus protecting the rights of the bona fide third party.
However, when the law provides otherwise or the third party knows that the co-owners do not have joint and several creditor's rights and debts, the co-owners do not have to bear joint and several liabilities, but each enjoys the creditor's rights and bears the debts according to the agreement or the share enjoyed by the co-owners.
2. Internal effect of creditor's rights and debts arising from common property.
The first sentence of this article also provides for the internal effect of creditor-debtor relationships arising from common property. In accordance with the provisions of this article, in the internal relationship between the co-owners, unless otherwise agreed by the co-owners, the co-owners shall enjoy the creditor's rights and bear the debts according to their shares, and the co-owners shall jointly enjoy the creditor's rights and bear the debts.
The co-owners have ownership of the things in common according to their shares, and in their internal relations, unless otherwise agreed by the co-owners, the co-owners by shares have rights and assume obligations according to their shares. Co-owners jointly have ownership of what is in common. In terms of internal relations, the co-owners share rights and obligations.
3. The co-owner's right of recourse.
A co-owner who repays debts in excess of his share shall have the right to recover from the other co-owners. The rationale for such a provision is that co-owners are obligated in accordance with their share in their internal relations. Article 40 of the Partnership Enterprise Law stipulates that "if a partner bears unlimited joint and several liability and the amount of repayment exceeds the proportion of his or her share of losses as stipulated in the first paragraph of Article 33 of this Law, he shall have the right to recover from the other partners". Li Shuiling).