Font Size: a A A

Research On The Protection Of Credit Rights Civil Law

Posted on:2019-06-13Degree:MasterType:Thesis
Country:ChinaCandidate:J Q ShaoFull Text:PDF
GTID:2356330542982010Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
At the present stage,the social credit situation in our country has been deteriorating,which has seriously affected people's daily economic activities and restricts the construction of good credit environment.Since our country has not established the right of credit in legislation,it leads to the maintenance of credit interests mainly through the right of reputation and personality in the judicial practice.Therefore,in order to fundamentally shake off the dilemma of credit loss,we must give full play to the norms and guiding role of legislation and effectively protect the credit interests of civil subjects.Based on this situation,based on reality,this paper uses the scientific methods of comparative research,theoretical analysis,and case analysis to conduct preliminary research on the issue of civil legislation protection of credit rights.This article is divided into three parts to start the research on credit right:The first part elaborates the basic theory of credit rights.Mainly through the comparison of the concept,nature,characteristics and similar rights of credit rights,it is concluded that credit rights should be an independent conclusion of personality rights,and then the theoretical basis of credit rights is demonstrated from multiple angles,and the legislative models of the credit of major countries in the two major legal systems are analyzed to make preparations for the following legislation.The second part elaborates on the specific content of credit rights.Specifically,it includes credit tenure,credit maintenance rights,and credit interest dominance rights,and then analyzes and introduces the concepts,characteristics,content,and exercise of these three rights,respectively,to provide theoretical support for the legislative construction of the latter.The third part discusses the legislative construction of the credit right in our country in the future.In the protection and lack of basic analysis of credit right in China,puts forward legislative suggestions of credit right protection in our country,in the "Civil Code" provisions for the right of personality,and the series of tort clearly stipulated in the credit right,in order to fully protect the rights and interests of the civil subject,and create a good social credit environment.
Keywords/Search Tags:Credit right, Reputation right, Credit interest, Personality right, Direct protection
PDF Full Text Request
Related items