| 摘要: |
| 连带债务的涉他效力涉及实体与程序两个维度。我国《民法典》第520条首次对连带债务涉他效力做出规定。除履行、抵销、提存、免除、混同、给付受领迟延等由《民法典》明确规定的（完全/限制）绝对效力事项外，司法实践中还存在着诸如提出履行请求、诉讼时效中断、有既判力的判决等较为广泛的“连带债务涉他性”事由。连带债务的涉他效力基于连带债务人具有共同给付目的而产生，原则上不使共同给付目的归于消灭之事由应仅具有相对效力。债权人通过诉讼提出履行请求、诉讼时效中断以及有既判力的判决等事项发生于诉讼过程中，其是否具有涉他效力应当结合民事程序的自身特征、当事人的程序保障以及裁判效力的基本原理进行研究。 |
| 关键词: 连带债务 涉他效力 绝对效力 事项相对效力 事项既判力 |
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| 基金项目:国家社会科学基金青年项目“民法典实施背景下多数人之债的共同诉讼类型研究”（项目编号： 21CFX026） |
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| The Rules of Other Effectiveness of Joint and Several Debts from the Perspective of Substance and Procedure |
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Yuan Lin
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| Abstract: |
| The other effect of joint and several debts involves both substantive and procedural dimensions. Article 520 of the Civil Code stipulates for the first time the effect of joint and several debts involving others. In addition to the absolutely effective matters （complete/limited） clearly stipulated by the Civil Code, such as performance, set off, deposit, exemption, confusion, delay in payment and receipt, etc., there are also matters in judicial practice, such as claiming rights, interruption of limitation of action and res judicata which are regarded as joint and several debts involving others. The other related effects of joint and several debts are generated based on the fact that the joint and several debtors have the same purpose of payment, so the reasons that do not make the same purpose of payment disappear should be a matter of relative effectiveness. The creditors claim of rights through litigation, the interruption of the statute of limitations, and the res judicata of the judgment are all matters that occur in the process of litigation. Whether it has other related effects should be studied in combination with the characteristics of civil procedures, the procedural guarantees of the parties, and the basic principles of judgment effectiveness. |
| Key words: Joint and Several Debts, Other Effects, Absolute Effects, Relative Effects, Res Judicata |
