On the Improvement of the Obligation of Plurality of Subjects——From the viewpoint of the differences between indivisible obligation and solidary obligation

Indivisible obligation is characterized from the viewpoint of object of obligation,while solidary obligation is characterized from the viewpoint of subject of obligation: they are different in standards of division,reasons of formation,functions and purposes,natures of obligations for compensating the damage,inheritability or not,reasons and methods of payment for the whole.The Chinese general principles of civil law have incorporated the indivisible obligation into the solidary obligation,in which there are only partial obligation and solidary obligation,whose legal pattern is different to that of major countries of continental law system.In order to fill the legal loophole,in the Chinese future civil code a new classification,id est,divisible obligation and indivisible obligation,should be added,so that we can clearly distinguish the indivisible obligation and solidary obligation.