论债权的相对性与不可侵性的关系

第三人是否可以侵害债权与债权的相对性密切相关。债权的相对性肇端于罗马法,但在近代具有了新的底蕴,承载了债权的自由价值与秩序价值。相对性与不可侵性是债权在不同领域分别表现出来的两种特性,两者可以并存于债权中,但在第三人侵害债权责任的构成要件方面,债权的相对性又决定了应引入"善良风俗"原则对其加以限制。

On the Relationship Between the Relativity of Creditor''''s Rights and the Impossibility of Infringement

It's a problem relevant to creditor's rights relativity whether the creditor's rights could be infringed by a third party. Creditor's rights relativity originated from Roman law. Later during its development, it obtained new implications and thus had the values of freedom and order attached to it. Relativity and possibility to be infringed are different characteristics in different aspects of creditor's rights, so they could co-exist in creditor's rights. Owing to "relativity", "good custom" should be introduced to decide whether creditor's rights are infringed when establishing its constituting factors.