A Probe into the Nature of Claim Right
WU Zhao-ju
Abstract
WU Zhao-ju
Abstract
Right mainly includes two factors:interest and legal power.The right of claim is the legal one from its nature. And there is no possibility that it may be infringed.In fact,such right is relative to the abstraction of law and its extraction. Accordingly,it is based on law.It is the externalization of the internalized legal power of the fundamental rights,which is aimed to maintain the interest internalized in the rights.The fact that the claim right has become the medium of the fundamental rights to the demanding right shows that the private law has great concern to individual freedom and pursuit of autonomy of will.It is different from the demanding right in nature,composition and existential relations.And it is not the same as the creditors' right in nature,possibility of infringement and powers and functions.
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Right mainly includes two factors:interest and legal power.The right of claim is the legal one from its nature. And there is no possibility that it may be infringed.In fact,such right is relative to the abstraction of law and its extraction. Accordingly,it is based on law.It is the externalization of the internalized legal power of the fundamental rights,which is aimed to maintain the interest internalized in the rights.The fact that the claim right has become the medium of the fundamental rights to the demanding right shows that the private law has great concern to individual freedom and pursuit of autonomy of will.It is different from the demanding right in nature,composition and existential relations.And it is not the same as the creditors' right in nature,possibility of infringement and powers and functions.
Key concepts: Autonomy, Law and economics, Existentialism, Exclusive right, Law, Creditor, Fundamental rights, Power (physics)