论保护物权的各请求权之间的关系

物权请求权与占有保护请求权在权利基础、权利主体、行使目的、举证责任、诉讼程序以及是否适用消灭时效等方面均存在不同 ;物权请求权与损害赔偿请求权在目的与功能、权利基础、损害的要求、归责原则、责任方式以及是否适用诉讼时效等方面存在着明显的不同 ;不当得利返还请求权与物权返还请求权、损害赔偿请求权既有相同之处 ,也有不同之处。在上述请求权发生竞合的情况下 ,应当允许物权人选择于其有利的一种加以行使。在一定条件下 ,物权请求权会发生向损害赔偿请求权和不当得利返还请求权的转化。

On the Relationship among the Claim Rights to Protecting the Rights of Thing

The claim rights from the rights of thing and the claim rights for protection of possession are two different rights existing on the object, concerning such aspects as the basis of right, subject of right, performing purpose, proof duty, litigious procedure and whether they can be applied to the litigious time-efficiency. The claim rights from the rights of thing and the rights of action for the recovery of damages are different in aims and functions, basis of right, the claim for damages, principles of blaming, duty forms and whether they are applicable to the litigious time-efficiency. The claim rights of returning illegal benefits have both the sameness and differences with the rights of returning property and the rights of action for recovery of damages. When these claim rights co-occur, the claimant may have the right to choosing the one, which is beneficial to him. In some conditions,the claim rights from the rights of thing may be transformed to the rights of action for recovery of damages and the claim rights of returning illegal benefits.