Property relations can be divided into property ownership and use relations and property circulation relations according to their forms. The relationship between real right and intellectual property reflects the ownership and utilization of property, and its main purpose is to protect the static security of property; Debt relationship reflects the property circulation relationship in which property interests are transferred from one subject to another, with the purpose of protecting the dynamic security of property.
2. Debt is a legal relationship between specific subjects.
Creditors can only claim rights from specific debtors, and debtors only assume obligations to specific creditors. This relativity of rights and obligations is an important difference between the relationship between debt and the relationship between property rights, intellectual property rights and inheritance rights. In the latter, only the subject of rights is specific, but the subject of obligations is not.
3, the object is the specific behavior of the debtor, collectively referred to as payment.
That is, the specific behavior of purposefully increasing the other party's property, including actions and omissions. The relationship between debts is usually related to some kind of property, intellectual achievements or services, but the object of debts is not property, intellectual achievements or services, but the debtor's behavior of delivering property, transferring intellectual achievements and providing services.
4. The debts are equal.
Creditors have the right to demand payment from the debtor, but they have no right to directly control the person, behavior and property of the debtor. So that several creditor's rights with the same content can be established on the same subject matter.
5. It has a time limit.
When the purpose is achieved, the creditor's rights are eliminated. There is no time limit for distinguishing property rights from personal rights, but there is a legal time limit for patent rights and copyrights in intellectual property rights.
6. The occurrence of debt is arbitrary and diverse.
There are various reasons, and the types are not limited by law, and the parties can set them by themselves. Debt relationship can occur due to legal or illegal behavior. The law does not limit the types of debts arising from legal acts, but allows the parties to generate their own debts.
However, the relationship between property rights and intellectual property rights can only occur because of legal acts, and its type is legal. The parties shall not arbitrarily set property rights and intellectual property rights that are not stipulated by law.
Extended data
Content of debt
(1) creditor's rights
Creditor's rights have the following characteristics: creditor's rights are creditor's rights and relative rights, and creditor's rights are compatible, equal and time-limited.
Creditor's rights mainly include three functions:
Claim for payment: first right, claim right and formal meaning.
Right of collection: final result, retention of creditor's rights, substantive significance.
Right of protection: enforcement and legal realization.
(2) Debt
Debt includes payment obligation and collateral obligation. The obligation to pay includes the main obligation to pay and the subordinate obligation to pay. From the occurrence of payment obligation, based on the clear provisions of the law, the agreement and trading habits of the parties, the principle of good faith and supplementary contract interpretation.
(3) the object of debt
The subject matter of debt is different from the subject matter. The object of debt refers to the relationship composition of debt, that is, payment itself, which belongs to the category of behavior; The subject matter of debt is the object of debtor's behavior, that is, the object of payment. The object of debt is necessary for all debt relations.
The subject matter only exists in the debt of delivering property and money. In the debt of simply providing services, it is enough to complete the payment itself, and another subject matter is not needed.
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