论请求权在民事权利体系中的地位

On The Claim and Its Status in Civil Rights System

作为基本权利实现与保护的技术性手段,请求权是从动态角度对权利所作的观察。在民事权利体系中,作为物权的保护性权利,物权请求权与债权请求权在逻辑上是处于一个逻辑层面的以物权保护为使命的权利。

The claim was established by virtue of the necessity of right realization and protection, and it is of great significance in practice. As a technical means to realize and safeguard basic rights, the claim is observed from the aspect of rights＇ dynamic state. In the system of civil rights, the right of the real claim , as a protective right for property, and the right of the credit claim are at the same logical level, for it is created for the purpose of guarding rights of the real claim.