论文部分内容阅读
本文旨在考察债权保障及其相关制度。文章认为债权保障包括债权实现的保障与债权存续的保障;债权效力是债权保障的内在动力,法律赋予的债权效力有请求力、执行力、依法自力实现、处分权能和保持力等。文章具体分析了构成债权保障制度的各项制度。鉴于责任财产制度在保障债权方面的关键地位和作用,本文特别对责任财产的概念作了辨析,并区分了责任财产的类型。文章结论部分阐述了各种债权保障制度之间的关系。
This article aims to examine the claims protection and related systems. The article holds that the guarantee of creditor's rights includes the guarantee of the realization of creditor's rights and the guarantee of the existence of creditor's rights. The validity of creditor's rights is the intrinsic motive force of creditor's rights protection. The creditor's rights provided by the law are the request force, the execution force, the self-realization according to law, the disposition right and the holding power. The article concretely analyzes the various systems that constitute the guarantee system of creditor's rights. In view of the key status and role of the system of responsible property in the protection of claims, this article specifically differentiates the concept of responsible property and distinguishes the type of responsible property. The conclusion part of the article expounds the relationship between the various claims protection system.