Law Analysis On The Person Creditor's Rights Prior To The Wealth Creditor's Rights

Civil law is a legal branch, which regulates the personal and property relationship between the equal entities. That is to say, civil law regulates personal rights and property rights. The legal relationship, to say its nature, is a kind of interest relationship, the authorized relationship. In modern laws, interests are regarded as comparative, which means some interests have priority upon others. The personal interests are prior to property interests and its conception has been received by the civil laws in legal discipline.Civil law has two weapons to protect the personal rights. One is compensation for damages, the other is precautionary measure. Actually, the monetary compensation is the merely feasible method for remedy in the personal rights tort cases. The author tries to define the obligations arising from remedy damages to personal rights as personal creditor's rights. Apart from these personal creditor's rights, the balance is regarded as property creditor's rights.Debts may arise from contracting acts, voluntary service, unjust enrichment and tort. Influenced by the view "all debts are born equal", the differences between all debts are ignored. The debt arising from contraction can be transformed to real right assisting by the real rights guaranteed, whereas the personal creditor's rights cannot be suitable for guaranty system due to its own limits. As a result, the personal creditor's rights fall behind the property creditor's rights to be paid off because realrights are prior to debts on principle.The real rights guaranty system should be altered, to say the least, to be limited or to be consummated because we can see the real rights guaranteed interests are strongly opposed to the public interests from comparison of real rights guaranteed and personal creditor's rights. Based on the classification of personal creditor's rights and property creditor's rights, the author hopes to give the priority for damages to the personal creditor's rights to embody our respect foe the life.