《民法典》背景下债权人受领性质之探析

Exploration of the Nature of Creditors’ Receipts in the Context of the Civil Code

受领是债权人的权利抑或是义务是学界难有定论的问题,随着《民法典》的颁布,以第589条为核心的债权人受领迟延规范登上历史舞台,规定于合同编通则中作为履行障碍法的制度之一。文章通过对《民法典》第589条进行体系解释,释明了《民法典》对于债权人受领是否为其普遍的合同义务的问题,原则上采否定的立场。并通过对比较法以及当事人之间利益状况的考察,提出了债权人受领上升为合同义务的判断标准:在实证法难以充分保护遭受受领迟延的债务人的利益时,应当将债权人的受领上升为合同义务,为债务人提供充足的救济手段。同时,文章还指明了在无法通过提存消灭债务人的给付义务、当事人之间基于实现共同目的形成了“协同体结合”之债权债务关系、债务人负有先履行义务这三种具体的情形下,应该将债权人的受领上升为合同义务,为债权人受领迟延制度的体系化构建奠定基础。

Whether claiming is a creditor’s right or obligation is a difficult issue for the academia to decide. With the enactment of the Civil Code, the delay in creditor’s claim, which is centered on Article 589, has come into the stage of history and is stipulated as one of the systems of the Law of Obstacles to Performance in the General Provisions of the Contracts Series. This article explains the systematic interpretation of Article 589 of the Civil Code, and explains that the Civil Code adopts a negative position in principle on the question of whether creditor’s acceptance is its general contractual obligation. And through the examination of the comparative law and the interests of the parties, it puts forward the judgment criterion that the creditor’s receipt rises to be a contractual obligation: when the empirical law is difficult to adequately protect the interests of the debtor who suffers from the delay of the receipt, the creditor’s receipt should rise to be a contractual obligation to provide the debtor with sufficient means of relief. At the same time, this paper also points out it can’t through the deposit to eliminate the debtor’s obligation to pay, between the parties based on the realization of the common purpose of the formation of the “synergistic body bond” of the debt relationship, the debtor has the obligation of first performance of the three specific circumstances, the creditor should be uploaded into the contractual obligation, for the creditor to receive the systematic construction of the delay system, laying the foundation for the systematic construction of the system of delay in creditor’s receipt.