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中华人民共和国民法典上一条 中华人民共和国民法典目录

  第五百一十六条 当事人行使选择权应当及时通知对方,通知到达对方时,标的确定。标的确定后不得变更,但是经对方同意的除外。
Article 516
A party shall promptly notify the other party when exercising the right of choice, and the object of the contract to be performed shall be ascertained at the time when such notice reaches the other party. Once ascertained, the object may not be changed unless otherwise consented to by the other party.
  可选择的标的发生不能履行情形的,享有选择权的当事人不得选择不能履行的标的,但是该不能履行的情形是由对方造成的除外。
Where one of the objects available for selection becomes impossible to perform, the party with the right of choice may not select such object to perform, unless the impossibility to perform is caused by the other party.
  第五百一十七条 债权人为二人以上,标的可分,按照份额各自享有债权的,为按份债权;债务人为二人以上,标的可分,按照份额各自负担债务的,为按份债务。
Article 517
Where there are two or more creditors, if the object is divisible and each creditor is entitled to the claim in proportion to his own share, then the claim is a claim by shares; where there are two or more debtors, if the object is divisible and each debtor assumes the obligation in proportion to his own share, then the obligation is an obligation by shares.
  按份债权人或者按份债务人的份额难以确定的,视为份额相同。
Where it is difficult to determine the share among the creditors with a claim by shares or the debtors with an obligation by shares, each is deemed to have or assume an equal share.
  第五百一十八条 债权人为二人以上,部分或者全部债权人均可以请求债务人履行债务的,为连带债权;债务人为二人以上,债权人可以请求部分或者全部债务人履行全部债务的,为连带债务。
Article 518
Where there are two or more creditors, and any or all of the creditors may request the debtor to perform the obligation, their claim is a joint and several claim; where there are two or more debtors, and the creditor can request any or all of the debtors to perform the full obligation, the obligation is a joint and several obligation.
  连带债权或者连带债务,由法律规定或者当事人约定。
A joint and several claim or a joint and several obligation shall be provided by law or agreed by the parties.
  第五百一十九条 连带债务人之间的份额难以确定的,视为份额相同。
Article 519
Where it is difficult to determine the share of obligation among the debtors subjected to joint and several liabilities, each debtor is deemed to owe an equal share.
  实际承担债务超过自己份额的连带债务人,有权就超出部分在其他连带债务人未履行的份额范围内向其追偿,并相应地享有债权人的权利,但是不得损害债权人的利益。其他连带债务人对债权人的抗辩,可以向该债务人主张。
A debtor subjected to joint and several liabilities who has assumed obligation in excess of his own share has the right to contribution against the other debtors subjected to joint and several liabilities to the extent of the share not performed by the other debtors, and accordingly shall be entitled to the rights of a creditor, provided that the other creditors’ interests may not be harmed. The defenses of the other debtors subjected to joint and several liabilities against the creditor may be asserted against such a debtor.
  被追偿的连带债务人不能履行其应分担份额的,其他连带债务人应当在相应范围内按比例分担。
Where a debtor subjected to joint and several liabilities against whom the right to contribution is claimed is unable to perform the share of obligation he is liable to bear, the other debtors subjected to joint and several liabilities shall be liable for the relevant part of the obligation on a pro rata basis.

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