对债权客体的重新认识

债权客体是债务人自身而不是债务人的行为或财产。通说认为的债权客体是债务人的行为的观点,混淆了债权客体与债务的内容,是一种没有经过严格论证的错误观点。“债权客体是债务人”与“债务人是债的(法律关系的)主体”并不矛盾。“债权客体是债务人”既不会损害债务人的尊严,也不是导致债务人以死亡或破产的方式恶意逃债的必然原因。债权客体不同于给付的对象。

Rethinking on the Mortgage Object

The mortgage object is not the debtor s conduct or his property but the debtor himself. A general view, which the mortgage object is the debtor's conduct is wrong since it makes confusion the object and content of mortgage. The view which the debt's object is the debtor is concord with the view that the debtor is the subject of debt, which does not hurt the debtor's dignity, and is not the inevitable reason for the debtor to dodge debt by some unnatural ways, such as suicide or bankrupt. Object of creditor s rights is different from the delivered objective.