民事权利【英文】

Categorized by their power or function entitled by law
– The right of claim – The right of defense – The right to form a legal relationship – The right to control or to manage
Contractual Relationship and Alteration of Private Rights
Core Subject of Civil Relationship
The Concept of Private Rights
Meaning of legal relationship or privities Concept of private rights
The right to defense
Concept of defense
– Defense can be defined as an opposing or denial from a party against the other party when the other party exercises its right.
Classification and System of Private Rights
Categorized by their contents or interests protected
– PLeabharlann Baidursonality rights
the right to life the right to the inviolability and integrity of his person the right to the respect of his name, reputation and privacy
– Rights arising from obligation
The right to claim prestation
– Rights in rem (rights of thing) – Intellectual property rights – Other rights
Classification and System of Private Rights
Category of defense
– Defense in narrow meaning
Proposing inexistence of the right of claim
– – – – Contract is never formed. Contract is valid. Impossibility Failure to acknowledge indeterminate contract.
– German scholar V. Tuhr said: A right is the core concept of private law and the ultimate abstract expression for diversified life. – A right is a legal power entitled by law to protect a specific interest.
The right to defense
Proposing extinction of the right of claim
– Compensation (set off) Where two persons are reciprocally debtor and creditor of each other, the debts for which they are liable are extinguished by compensation, up to the amount of the lesser debt – confusion Where the qualities of creditor and debtor are united in the same person, confusion is effected, extinguishing the obligation. Nevertheless, in certain cases where confusion ceases to exist, the effects cease also. – Release Release takes place where the creditor releases his debtor from his obligation. – Invalid of right (Verwirkung)
The function of private rights
– The function of rights is to protect the extent of individual freedom and to allow individual to organize or create its social life, especially to achieve autonomy in private life. – A right is a subjective law and a law is an objectified right. Enjoying a right is the struggle for the law. (Rudolf von Jhering)
The right of claim
Definition:
– A right of claim is a right entitled a specific person (claimant) to carry out a specific act (including to do or to refrain from doing) . – Subject to extinctive prescription – A legal ground to launch a litigation. – Developed by German scholar Winscheid based on the concept of Actio under Roman Law. – The buyer’s right to claim the seller deliver the goods sold and the title of goods sold. (ROC Civil Code§ 348I, Korea Civil Code§ 568I, Japan Civil Code§ 560, and China Contract Law§ 135)