债权人在债务中的辅助执法行为

N. V. Yuzhanin
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引用次数: 0

摘要

本文分析了在民法理论中已被公认为债权的义务中的一些债权人的执法行为。我们对这样一种观点提出异议,即可以将那些有助于实现债权人主观权利的行为归类为义务,并将其作为实施机制的一部分。分析了债权人为实现义务主观权利的基本行为而采取的若干辅助行为。我们建议放弃与这些信用强制行动有关的“义务”概念,这些行动的失败将导致与责任措施无关的制裁。我们确立在相互主体权利义务框架内的义务中,存在着不具有主导经济意义而具有辅助性质的债权人行为,以保证基本商品货币关系中产生的主要经济义务的履行。债权人的执法行为不仅包括接受履行,还包括其他具有实际性质的组织行为,其最终目的都是为了双方履行义务。债权人的执法行为未履行并不意味着对其未履行负有直接责任,而只是建立了间接影响对手方的可能性。影响债权人的间接手段包括作为经营影响衡量标准的延迟履行义务。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Auxiliary law enforcement actions of the creditor in obligations
We analyze some of the creditor’s law enforcement actions in obligations, which in the theory of civil law have become accepted to be called creditor obligations. We dispute the thesis that it is possible to classify as obligations those actions that help in the implementation of creditor’s subjective right and are part of the mechanism for its implementation. We provide an analysis of a number of creditor’s necessary actions, which act auxiliary to the basic action to implement the subjective right in obligation. We propose to abandon the concept of “obligation” in relation to those creditorial en-forcement actions, the failure of which entails sanctions that are not related to liability measures. We establish that in the obligation within the framework of mutual subjective rights and obligations, there are creditor actions that do not contain leading economic significance, but have an auxiliary nature, ensure the fulfillment of the main economic obligations arising in the basic commodity-money relationship. The creditor’s law enforcement actions include not only the acceptance of performance, but also other organizational actions of an actual nature, which, ultimately, are aimed at fulfilling the obligation by both parties. The non-fulfillment of the creditor's law enforcement actions does not entail direct responsibility for their non-fulfillment, only indirect possibilities of influencing the counterparty are established. The indirect means of influencing the creditor include the delay in fulfilling the obligation as a measure of operational impact.
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