Article 176 of the Civil Code has undergone changes in China's legislation,but there are no similar provisions in comparative law.The civil"liability"used in this article is different from the burden of proof,(reason for)attribution,and accountability/responsibility,and after being purified by legislation,the meanings of guardianship responsibility and the effectiveness of legal transaction are excluded.As a general concept in substantive private law,civil liability should not only be strictly distinguished from civil duty,but also cover various forms of liability in Article 179(1)of the Civil Code.Therefore,the three existing definitions of liability as compensation for damages,general guarantee for performance of obligation,and legal consequences of breach of duty are inappropriate.So it is necessary to redefine the concept of civil liability.On the premise of strictly distinguishing substantive right and claim,civil liability should be defined as the opposite concept of claims,mainly including two aspects:the necessary performance due to the demand of the right holder and the possibility of legal enforcement.Under the theoretical framework of"quaternary symmetry"in civil legal relation,civil duty originates from the will of the parties or legal provisions,but civil liability only originates from legal provisions.Through this interpretation,it is possible to construct a normative system for claims in the entire field of private law based on this article and Article 179(1)of the Civil Code.
关键词
民事责任/民事义务/请求权/实质权益/"四元对称"民事法律关系理论
Key words
civil liability/civil duty/claim/substantive right/the theory of"quaternary symmetry"in civil legal relation
维普
万方数据