On Redefining the Connotation of the Concurrence of Claims
The system of concurrence of claims is a highly contradictory system,simultaneously contracting and expanding."Right of claim"is an ambiguous concept.In the application of concurrent claims,the theoretical frameworks and judicial practices are increasingly broadening their interpretations,incorporating claims that imply liability into the category of concurrent claims.In fact,these claims do not compete,but rather converge.Theoretical ambiguity between the"constitutive theory"and the"effect theory"of concurrence in claim rights often leads judicial practice to define concurrence of claim rights from the perspective of the right to choose the effect of the system,which makes the concurrence system of claim rights to expand in five distinct aspects,ultimately pushing it beyond its limits as an independent system and transforming it into a container for various claims.Given these issues,we need to redefine the system of claims concurrence.Strictly speaking,the expression of"concurrence of claim rights"is more precise and should replace the title of"concurrence of liabilities".The right of claim of concurrence can only be the right of claim in the sense of original right relief power,not the right of claim for unauthorized possession protection and the way of assuming specific responsibilities.At the same time,we must avoid reversing cause and effect,we need to strictly follow the constitutive theory,and define the concurrence of claim rights as a system that a fact of life leads to a damage consequence and causes several civil legal relations between specific parties at the same time.
concurrence of liabilitiesconcurrence of claimstheory of constitution
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