摘要
债的概念包括权利和义务两个方面,虽然强调在特定人与特定人之间发生,但也常常具有涉他性。后者表现在如下几个方面:第三人侵害债权的问题,而此种侵害具有间接性;债之移转的问题,而此间也往往涉及第三人的权利对抗;债之客体的相对性问题。债之内容具有丰富性,其发展历经三个阶段,而目前之有力学说乃是请求权规范竞合。
The concept of debt includes both rights and obligations, although it emphasizes that the debt occurs between one specific individual and the other. However, more often than not the debt also involves a third party, hence the relativity of debt, which includes the following aspects: the third party’s infringement of the claim, which usually happens indirectly; the transfer of debts, which often involves the third party’s right to confrontation; and the relativity of the object of debt. The content of debt is ample, whose development has gone through three stages, and the influential theory at present is Anspruchskonkurrenz.
出处
《法治现代化研究》
2017年第6期95-106,共12页
Law and Modernization
