In Code Civil Debt Law System Question Research

This article analyzed Pan Dekker under the comparison test angle of view to swallow the structure which in the system the most representative German and the Japanese code civil's debt law arranged, in the UK-US legal system the debt and the right infringement system's architecture, and has studied fusion two big legal system merit Holland which and in with emphasis the Swiss code civil the 20th century produced the debt law part chapter system.This article relates the reality, has studied our country educational world regarding this question major point and, therefore produces several experts suggest the manuscript as well as "Code civil Draft", compared with the respective superiority and insufficiency. In order to overcome the flaw which the traditional debt law system exists, this article from to from obtains to debt concept's organizing with the debt essence's analysis's elementary theory question, take carries on the new classification to the debt as the breakthrough point, carefully examines from "brand-new" the angle of view to the creditor's rights nature and the category, has solved the difficult problem which reasonably theoretically how the debt law general rule and the right infringement law and the entire debt law do fuse, proposed, in preserved tradition's Pan Dekker swallows-like under the debt law architecture's premise, the reform tradition's debt law structure, the debt law general rule part and the debt law will arrange is separated from, forms relative independentCivil liability system, thus formed has been different with generally about the debt law system construction theory debt law system.