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共有法律关系的效力包括外部效力与内部效力两个方面。在共有关系的外部效力上,不论是按份共有还是共同共有,皆由共有人对第三人承担连带债务;按份共有人对第三人享有不可分债权,而共同共有人则对第三人享有共同债权。共有关系的外部效力包括两种例外情形:法律另有规定或第三人与共有人另有约定。在共有关系的内部效力上,按份共有人之间按照各自的份额分享权利、承担债务;共同共有人共同享有债权、承担债务,但由于共同共有人之间存在潜在的份额划分,当共有财产价值不足以清偿全部债务时,以共有物之外的个人财产承担补足清偿的共有人在共同共有关系结束时,享有向其他原共有人的追偿权。
The validity of the common legal relationship includes two aspects: external effect and internal effect. In the external effect of the common relationship, joint ownership or joint ownership by the joint owner shall bear joint and several liability for the third party; the joint owner shall have the indivisible claim to the third party, while the joint owner shall be liable to the third party Enjoy common claims. External effects of the common relationship include two exceptions: the law provides otherwise or the third person and the co-owner otherwise agreed. In the internal effect of the co-relation, the co-owners share the rights and bear the debts according to their respective shares. The co-owners share the claims and assume the debts. However, due to the potential sharing of shares between the co-owners, When the value is not enough to pay off all the debts, the co-owners who make up the repayment by the personal property other than the common property enjoy the right of recourse to other former co-owners at the end of the common mutual relationship.