何为按份之债和连带之债区分二者有什么法律意义
正确答案及解析
正确答案
解析
【答案要点】(1)按份之债是指债的一方主体为多数人,且各自按照一定的份额享有权利或承担义务的债。按份之债,包括按份债权和按份债务。连带之债,是指债的一方主体为多数人,且该多数人之间的权利义务具有连带关系的债。连带之债包括连带债权和连带债务。 (2)区分按份之债和连带之债的法律意义:
按份之债的多数债权人的债权或多数债务人的债务各自是独立的,相互间没有连带关系,任何一个债权人接受了其应受份额义务的履行或者任一债务人履行了自己应担份额的义务后,与其他债权人或者债务人均不发生任何权利义务关系。
连带之债的多数债权人的债权或多数债务人的债务是连带的,连带债权人中的任何一人接受了全部义务履行,或者连带债务人中的任何一人清偿了全部债务后,其他债权人的债权、债务也归于消灭,并且连带债权人或连带债务人内部又会产生新的按份之债。
【解析】本题的考点是辨析债的类型中按份之债和连带之债的区别。回答本题的技巧在于:一是要正确表述按份之债和连带之债的含义,二是要对“按份”和“连带”作出比较详细的说明,三是要指出连带之债可能在连带一方内部发生按份之债这个特点。
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