The Right To Credit And Its Independent Research

The credit right is a right that the civil subject has the rights ofmaintenance, possession and dominance of receiving the correspondingtrust and evaluation from society according to their abilities of repayingdebts and their wishes of fulfilling contract. The credit right, which servesas a concrete personality right, appeared in《German Civil Code》atthe earliest stage. The subjects of the credit right are extensive whichinclude natural person, legal person and other organizations. The objectof the credit right is credit which has the characters of personality,property, symbol and objectivity. The contents of the credit right includerights of credit retention, credit maintenance and credit benefits control.The principle of good faith and the principle of fairness are two greatestsills establishing the credit right. The value of credit right toward societylies in lowering the bargain cost, raising the economic, improving thesocial reputation environment and promoting the development of themarket economy. The value of credit right toward the subjects is that thecredit right is an essential right that supports its completed andindependent personality and the personal dignity, and the performance ofthe credit right can bring economical benefits to the subjects.Currently our legislation dose not confirm the independentposition of the credit right. And in practice the protection of the creditright is completed through the protection of the reputation right and thegoodwill right. This method of protection can't meet the need of theoriesand practices of the civil law. It is inevitable that the credit right will bedivided from the reputation right and the goodwill right, that is,establishing the independent position of the credit right. Setting up thesystem of the credit right in China should include three contents:confirmation of the right, relief of the right and security of the right. Thatis, establishing the independent position of the credit right in the civil law,building up the civil law protection system of the credit right whichconcrete contents include clarifying the civil liability constitution of theviolation to the credit right, the undertaking responsibility of the violationto the credit right and the exempting issues responsibility of the violation to the credit right, improving the related measures of the system of thecredit right which concrete contents include strengthening construction onletters drafting organizations, enhancing the objective, fairness andaccuracy on credit rating and improving credit information social service.