Joint and several claims or joint debts may arise on the basis of legal provisions or agreements between the parties.
Article 519 of the Civil Code states that when it is difficult to clearly define the shares between joint debtors, they shall be deemed to have equal shares. This suggests that if a joint debtor actually assumes more than its share of the debt, he is entitled to recover the excess from other debtors who have not fully performed, and accordingly enjoys the rights of creditors. It is important, however, that this recovery is not prejudicial to the interests of creditors. In addition, other joint debtors may raise a defense against the creditor or claim against the debtor. If the debtor being recovered is unable to fulfill its share of the debt, the other debtors shall contribute proportionately to the extent appropriate. Article 520 further stipulates that when some joint debtors begin to perform, offset the debts or deposit the subject matter, the debts of the other debtors to the creditors will be extinguished within the corresponding scope. This part of the debtor that has already performed its debts may recover from other debtors who have not performed its obligations in accordance with the provisions of the preceding article. More particularly, if the debts of some joint debtors are forgiven by creditors, the debts of other debtors to creditors will also be extinguished within the debtor's share. Article 521 emphasizes that if it is difficult to determine the share between joint creditors, then they should be deemed to have an equal share. The joint creditors who actually receive the creditor's rights shall return them to the other joint creditors on a pro rata basis. When dealing with the issue of joint and several creditor's rights, you can refer to the relevant provisions on the handling of joint and several debts. Through the above detailed explanations and elaborations, the provisions of the Civil Code on joint and several debts and joint and several claims are more clear and specific, which is not only conducive to protecting the legitimate rights and interests of the parties, but also conducive to maintaining social fairness and justice and the stability of economic order.