On The Distinction Between Property Rights And Creditor’s Rights

The formation of the system of distinguishing between property rights and creditor’s rights has a long historical process.The distinction between the two originated in the imperial period of ancient Rome,which appeared in the form of oath lawsuits.During this period,through the development of annotation law and the school of theoretical law,the systematization process of distinguishing property rights from creditor’s rights was initiated.Later,Savigny made it mature,and the final establishment of the system was marked by the promulgation of the German Civil Code.However,the system of distinguishing between property rights and creditor’s rights has been full of controversy since its inception,which is also case in Chinese legal circles.Although in the view of most Chinese scholars,the research on the theory of the distinguishing between property rights and creditor’s rights has been relatively mature,and they believe that there is no need to discuss the theory(it is no longer necessary to discuss the theory).However,with the determination of the validity of the contract without right to dispose in Article 597 of the Civil Code,this theory has entered the scope of academic discussion again.Because if the system of distinguishing between property rights and creditor’s rights is recognized,the problem of ownership protection in property rights change will become acute according to the real right formalism adopted in our country.Some scholars believe that the cause of the adverse consequences lies in the provisions of Article 597 of the Civil Code,that is,the issue of the validity of the contract without the right to dispose.The scholar believes that if the regulations are followed,it will induce the people in the society who are inherently unrighteous to pirate and defraud the property of others.On the one hand,it will damage the ownership of the property owner.More seriously,it will lead to the deterioration of the morality of our society,triggering a serious moral crisis.Because,in current society,a lot of our property is in control of others.For example,in online shopping,the express brother temporarily controls the goods we have bought.If in this kind of temporary control,a courier guy resells a valuable ancient calligraphy and painting of A,according to the provisions of Article 597 of my country’s Civil Code.when the creditor’s rights contract is valid,the ownership of the ancient calligraphy and paintings of the original owner A will be transferred in accordance with the valid contract.In the end,A is likely to suffer huge losses due to the seller’s inability to repay and other reasons.However,this article believes that the deep-seated reason for the contradiction lies in our misunderstanding of the system of distinguishing property rights and creditor’s rights.it is reasonable,The provisions of Article 597 of the Civil Code as a further understanding of the system of distinguishing property rights and creditor’s rights.Therefore,This article believes that in order to solve the problem of ownership protection in the system of distinguishing property rights and creditor’s rights,it is necessary to further explore the theory of separation of property rights and creditor’s rights from the perspective of theoretical law.The article starts from the formation process of the distinction system of property rights and creditors’ rights,based on the understanding of the formation process of the distinction system of property rights and creditors’ rights,clarifies the essence of property rights and creditor’s rights,provides a solution to the problem of ownership protection in the change of property rights.This article argues that the essence of property rights is mainly embodied in ownership.Ownership is not only the subject’s right to the property,but also a kind of right that loads the personal will of the individual.The nature of the creditor’s right as opposed to the real right is an expectation of credit.As far as the relationship between them is concerned,the real rights exist as the purpose of creditor’s rights.The purpose of signing a contract between the subjects is often out of the pursuit of real rights,and creditor’s rights are only a means to realize real rights or relief real rights.And the article analyzes the mode of property rights changes in the "French Civil Code","German Civil Code" and "Japanese Civil Code" in the civil law system,it is obvious that the system of distinguishing between real rights and creditor’s rights is the basis for the distinction between property rights behavior and creditor’s rights behavior.And the distinction between property rights behavior and creditor’s rights behavior is important to protect the ownership in the change of property rights.Therefore,at the end of this article,the author reconstructs the provisions of my country’s civil law for the protection of ownership in the change of property rights based on the system of distinguishing property rights and creditor’s rights.The focus of the article is to analyze the current mode of property rights changes in my country,It also discusses the rationality of Article 597 of the Civil Code.