请求权的本质之探析--兼论物上请求权的性质

民法基本理论中的请求权具有多重含义 ,使用较为混乱。从本质上讲 ,请求权是原权利的救济权 ,是原权利法律效力的体现 ,是原权利人寻求法律保护的手段。请求权不同于债权 ,他们是原权利与救济权的关系。物上请求权也是独立于物权和债权的救济权

A Probe into the Nature of Claim--Also a Review on the Nature of the Right In Rem

The claim in the fundamental theory of civil law has multiple meanings, which leads to great confusions in the application of the claim. In essence, the claim is the relief of the original rights, the embodiment of the legal effect of the original rights and is the means by which the holder of the original rights seek the legal protection while the original rights being unfeigned. The claim is different with the creditor's rights and the relationship between is that between the original rights and their relief. The claim of the rights in rem is independent of the rights in rem and the creditor's rights.