Discussion On The Equality Of Claims And The Breach Of It

Claims have compatibility and equality. The principle of equality of claims means that not only several claims can coexist on the same subject matter, but also the effect of different claims for the same debtor are equal, no matter when they are established. Equality of claims is an important specific principle that show the principle of equality in civil law and the relativity of debt. It is one of the basic elements that distinguish the real rights and creditor’s rights. With the development of society and economy, in order to protect the benefits of the disadvantaged groups and the whole society, pursuing the substantial fairness and justice, systems that break the equality of claims came into being.This article will study the source of principle of claims’ equality and its function for the debt law and civil law. Through analyzing and comparing different legislative modes of getting rid of the principle of claims’ equality, the author will find out the suitable mode for China. Balancing the development of equality of claims and the breach of it, the article tries to make out suitable rules for the regulation of multi-buy-and-sale of goods.