| Abstract:As the basic distinction of the property right in the civil law, the obligatory right and the real right are very different in that the former belongs to the relative right, while the latter is the absolute one. Based on such distinction, the obligation law and the real right law are separate in the civil Law. However, the relationships between the obligatory right and real right cannot be ignored. In order to deepen the research of the orientation, objects, rules, principles and crisis of the real right law, we must grasp the whole situation of these two categories of property rights including the relationships between them. Firstly, viewed from the generation of the right, there exists a kind of guiding and developmental relevance. Uenerally, the obligatory right can lead to the generation of the real right. For example, sale contract is the base of the transaction of ownership. Conversely, the real right can also lead to the obligatory right, such as the legal effects in the Connection Rule, namely, the connection’s ownership gives the base of the compensatory claim. Secondly, on the level of the viability of the right, the accompanying and cooperative relation is prominent. For instance, after the setting of the servitude, the subject of duty has the expenses claim to the subject of right. Again, in the processing by virtue of employment, the employing contract and the ownership decided by the Processing Rule cooperate to balance the relevant interests. Thirdly, in the respect of interweaving specialties, the relationship of fusion and coexistence should be paid much attention to. In the real right law, there are many obligatory rights which have the absolute nature to restrain the real right’s assignee, such as the compensatory claim in
the Adjacent Relation Rules. According to its absolute characteristic, this kind of obligatory right looks like real right, which is named "real obligation" in theory. Furthermore, to achieve the goal of distribution of the real right, the real obligation must coexist with the real right as an organic whole. Finally, in the case of legal application, the real right has the tendency to be treated as a kind of relative relation, which shares the same characteristics with the obligatory relation, and therefore the obligation law can regulate the obligatory relation as well as the real right. |
京公网安备11010102006664号 京ICP备2023015853号