| 英文摘要 |
From the Rome law, the Germanic law to the German Civil Law,the idea of liability, is to realize the creditors rights.The division of the right in property and the creditors right is the main reflection of the Civil Code system. Professor Wei Zhenying, according to the theory of Right, Obligation and Liability in jurisprudence as the upper concepts, criticized the practice of German Civil Law that there is no division of liability and obligation, insisted that the open theory of “regarding liabilities as consequences” is more conducive to protect the property and nonproperty rights (the right of personality), and the right to claim is changed to the original right that consists of creditors rights and the right to claim that is about the right of relief (i.e., requesting someone to be responsibile). However, the means of relief towards nonproperty rights is not enough to deny the German idea of liability and the whole Civil Law system, but the theory of “regarding liabilities as consequences” decreases the stages to exercise his right to claim, weakens the idea of rights,and is questionable when using the theory of “regarding liabilities as consequences” as guidance.The Civil Code system guided by this idea is also quentionable.
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