物权行为与债权行为的区别（The difference between juristic act of real right and creditors right）.docVIP

物权行为与债权行为的区别（The difference between juristic act of real right and creditors right） The real right and the creditors right are closely related to each other as a set of corresponding civil rights. There are close ties between the two. But the difference between the two is obvious. The difference between the real right and the creditors right is mainly embodied in the following aspects: (I) differences in the nature of rights In the nature of the right, the property right is the right to dominate the matter, and the creditors right is the right to claim, which is the most basic difference between the two. Property right is the right of direct control of a specific subject matter, that is, the right holder has to take care of and realize his interests according to his own meaning and behavior, without the interference of the meaning or behavior of others. The real subject matter for the way of control, can in fact have punishment, also can be the legal jurisdiction disposition, can be tangible entity control, can also be an intangible value such as domination, are any of the acts of. In addition to obeying the law, the right holder can realize his right entirely on his own basis and act solely on his own behalf and behavior. The obligor assumes only passive tolerance or non infringement obligations. Therefore, the exercise and Realization of real right is absolute. Creditors right is the right to request a specific obligation for a particular act, and if the creditor wishes to realize his interests, he must resort to the positive actions of the obligor to fulfill his obligations. The debtor for the payment of claims before the behavior, not only can not directly control the payment of the subject matter, not directly control the behavior of the debtor, he can only request the debtor to perform his obligation to deliver the subject matter or providing labor services, to achieve their own interests, so the realization of creditors rights is relative. (two) the differenc