对物上请求权性质的思索

Thinking over the Quality of Claim for Thing

物上请求权来源于物权却独立于物权,有其特殊的行使条件、目的和方式,是一种与物权、债权请求权相关但却性质不同的特殊请求权。物上请求权的性质是物上请求权制度的基本问题,探讨其不仅有理论价值且具实务意义,既可明确物上请求权的地位又可促进物权保护。

The claim for thing comes from rights over thing, but does not depend on it, which has special condition, purpose and method to exercise. It belongs to a special claim related to rights over things and obligatory right. The quality of the claim for things remains the essence of its regulations, therefore, a probe into it not only has theoretical and practical significance, but can define its position and promote its protection.