信用权含义的诠释——从比较法和历史演进的角度

On Explanation of Credit Rights by a Comparative and Historical Path

信用权是信用主体通过交易活动和职业活动而从社会获得公正评价并以此取得相关利益的权利。这种以履行义务"经济能力"为基础的"可信任性"权利在古罗马就已经有了萌芽。自罗马法后,该权利不仅得到了以德国为首的部分大陆法系国家立法支持,而且在一定程度上也获得了现实英美社会认可。在现代市场经济法制下,信用权应该函摄职业声誉在内。

The credit right is the right that the credit subject obtains the relevant benefit by the equitable society evaluation through the trade and professional activities. It was beginning from the ancient Rome and is a ＂credible＂ right based on fulfilling the liability of ＂economic ability＂. After the Roman Law, it was supported by some civil law countries including Germany and partly recognized by the British law countries. Moreover, it is proved by the modem credit reporting experience that putting the professional reputation into the protection of the credit rights legislation in Germany is foresighted.