Joint believer
The total number of creditors is a possible constellation of the ownership of a claim by several creditors . Other, alternative manifestations are partial believers and co- believers .
In Germany, total membership is regulated in Section 428 of the Civil Code .
The joint creditorship is the counterpart to the joint debt on the creditor side. Each obligee can demand the performance in whole or in part, but the debtor only has to perform once and can usually choose to whom he pays debt-discharging. This regularly requires the internal creditors to be balanced.
It can arise through a contract or by law and is also possible on rights in rem, but requires entry in the land register , depending on the security interest .
The legal position of each creditor is separately assignable ; however, remains connected to the total claim through the uniform repayment effect of a payment .
In practice there is seldom total belief. The most common use cases are the so-called "Oder accounts", as well as the income tax reimbursement claim of jointly assessed spouses against the tax office.
