英文摘要 |
According to the judicial practice in Taiwan and related literatures, Article 271 of the Civil Code defines the quasi-joint-obligation as individuals obliged to compensate the same amount of damage under respective liabilities that differs from the joint-obligation requirements. And consequently there will be no reimbursement of their respective shares in the prestation among them. However, such rigid discrimination will lead to rather unfair and unreasonable sharing of prestation among these individuals. This article will review the legislation purpose of Article 272 in Civil Code and then make a thorough inquiry into the partition criteria between quasi-joint-obligation and joint-obligation, which was developed in judicial practice and related literatures of German Law. It will further suggest that some modifications should be made in interpreting Article 272 of the Civil Code. Firstly, when there are several individuals undertaking the same obligation and expressing or being provided by the code, each of them is bound to the creditor for the whole of the prestation, and this obligation might be regarded as a joint-obligation. In other words, the literal meaning "joint" is not always necessary as it has been contemporarily thought to be in the expression or code. Such expanded interpretation of Article 272 will certainly register more events into joint-obligation category than it was previously. Additionally, according to the German literatures, the term "in the same level of liability" occurs when respective liabilities are factually and directly sufficient to cause the same injury, all of the debtors shall be burdened for the obligation by their respective shares identical in the prestation as stipulated in Articles 280-282 of Civil Code. In this way, the scope of quasi-joint-obligations can be appropriately limited, and the disputes in current practice may be resolved. It is hoped that this proposed approach described in this article will help in the elucidation of the Article 272 of Civil Code in Taiwan and offer a foundation of fairness and justice for the debtors liable for the same damage. |