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Research On The Relativity Principle Of Creditor's Right And Development

Posted on:2005-02-13Degree:MasterType:Thesis
Country:ChinaCandidate:K LeFull Text:PDF
GTID:2156360122985309Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
It takes human beings long time to improve the legal system from remote antiquity tomodern society. The development of productivity has brought about an legal advance, andthe perfection of the law offers a better environment for development of productivityfurther . The system of creditor's rights is an important legal system in an economicsociety, which plays a very important function on the economy. In fact the system ofcreditor's rights results that the social economy developed into certain stage. Because itcomes into being after the real right. Now a lot of scholars all think that begin to takeshape in the system of debt of era of the law of Rome. The relativity principle of the debtcan be established in Rome age too. This principle exerts a far-reaching influence to thecontinent law. The theory circle regards the relativity of creditor's rights and absolutequality of the real right as an important difference between creditor's rights and real right. With high development of the social economy and productivity in modern society, alot new legal phenomena emerge. Maybe these legal phenomenon and existing legalprinciple conflict, which become a kind of exception. What adopted is the standing side byside type structure on arranging in the structure in this article. Besides chapter five, otherchapters adopt the explanation way of a layer of entering types. Regard production of thethings as the starting point and launch being discussed. Chapter one starts with theproductions of creditor's rights, the development of creditor's right and the essences ofdebt, then analyses relativity principle from modern society to law of Rome era. Havedefined the content of the relativity principle of debt that the modern society refers towhich is different from the content of Rome law era. In chapter two to chapter four,which separately at each the relativity the legal phenomena of exceptions of debt explainone by one. Through expounding the fact that proves that the development of productivitybrings about an advance in the development of the law, and the law at the same time andmeet the development of productivity too. And combine the views of a lot of scholars, ismake and observe by exceptions of relativity principles of the debt to them. Chapter five acts as one a piece of summaries to thesis in modern to be existed therelativity the exceptions of principles of debt. But the principle position of the relativityprinciple of the debt has not been shaken passively. The relativity of the debt is still animportant characteristic of the debt too at the same time. It is one of the important signsthat creditor's rights and real right can be distinguished too. But the development ofproductivity is promoting the society developing. Economy is being developed , whichinfluence law --the social science too, so relevant legal systems in a sure one change too toa certain extent. But the development of productivity is promoting the society developing,and economy is being developed . Which will influence the social science--law too, sorelevant legal systems in a sure one change too .To a certain extent, especially as we knowthe development and change as the system of creditor's rights have contacts with economiclife. The relativity principle of the debt will be influenced by this kind of change of thesociety too. It is the change most with convincingness that the exception exists out of therelativity principle of the debt. So we do not deny the exception it is possible to be moreand more with development of social economy. The most important thing is how to cometo perfect this theory and make it in conformity with realistic life. And then guide realisticlife.
Keywords/Search Tags:the relativity of creditor's rights, obligee's right of Subrogation, right of revocation, contract concerning the third part, creditor's right like real right, creditor's right encroached by third party
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