从债的本质看负担行为与处分行为的区分

Comprehension on the Distinction between Burden Action and Disposition by the Nature of Debt

负担行为与处分行为是民事法律行为的基本类型划分,属于财产性法律行为。债权行为和物权行为的分离是意思自治和所有权神圣原则的基本要求,其本质就是负担行为和处分行为之区分。从债的本质入手分析两者的区分,有利于认识和理解物权行为的合理性,完整把握区分原则的实质。

Burden Action and Disposition are two basic classifications within the Civil Juristic Act, and they both belong to the Property Legal Act. The separation between the Juristic Act of Real Right and the Juristic Act of Credit is the fundamental requirement for the Principle of Autonomy of the Will and the Doctrine of Sacred Property Right. The essential difference of the separation is the distinction between Burden Action and Disposition. To analyze the difference between them from the nature of the debt, we could know and understand more about the reasonability of the Juristic Act of Real Right, and completely master the essence of Distinction Principle.