Civil Obligations And Civil Liability Relationship

Civil rights, civil obligations and civil liability is the core concepts of the civil legal relationship, and civil rights as the central relationship form the rights and obligations of civil rights and civil responsibilities. However, civil obligations and civil liability for the realization of civil rights has a different legal basis and significance of different systems. As well as the legal basis of both the purpose and legal effect of the law have a clear distinction, the enactment and implementation of the civil obligation enhanced the mobility of social wealth, which would increase the total wealth of society, civil liability is only the wealth flow from one property to another to fill the interests of the damage and loss of compensatory only, not to increase the total wealth of society. So, civil liability is negative. Civil obligations have legal binding, and civil liability has legal coercive power, civil liability is the intervention in the field of private law and intermediary bridges for a national public authority. Therefore, the basic elements of civil legal relations are civil obligations and civil liability, and civil rights and obligations of the relationship is the crux of the legal relationship. In the civil law system, Civil obligation provide the realization of civil rights may, civil liability provide the protection for the maintenance of civil rights, when violate the civil obligations, or damage the interests, civil liability come into effected, the violation of civil liability cause civil sanctions will be. The relationship between civil rights and obligations is a normal social and legal relation, but the relationship of civil rights and civil liability is the way of relief of the social and legal relationship damaged, and civil sanctions are in order to maintain the effectiveness of national mechanisms, embodied in three different levels.The study of the relationship between the civil obligations and civil liability is valuable. first of all, it reflect the formation of the relationship between civil rights and obligations in the basic theory, and guarantee the hierarchy and levels, as well as logic and science; Second, in the part of specific applications mainly related to legal consequences of tort, this article analyze this issue from the relationship between the obligations and responsibilities, as well as the composition of responsibility, then think tort is a breach of legal obligations and may be tort inherent right against benefits, the former such as theft, the latter such as tort from a third person. "No right to relief that is to say," is a legal concept, "where there is damage where compensation" should be the basic concepts and objectives of the private area, Therefore, the legal consequences of violations should be civil liability, rather than the causes of debt. Therefore, tort and breach of contract are against the rights, whether the tort liability or liability for breach of contract are the rights of safeguards and remedies. Thus, tort law should be separated from the debt law, as a separate chapter.Civil obligations correspond to the original rights, and civil liability to the rights of relief. Therefore, the construction of theory and civil law system should be based on the Rights and Obligations Law, then form a rigorous scientific system which for the protection of the protection of the rights or the right to relief.