论法律关系的竞合(英文)

• 作者: Li Chao Li Xiaoning 隋彭生
• 来源期刊: 中国法学：英文版
• 学科: 政治法律
• 关键词: LEGAL contrary LIABILITY 法律关系 OBLIGATION contract PARTIES party INTERESTED concerning
• 年，卷（期）: 2014,（2）
• 页码范围: 56-74
• 页数: 0页
• 分类号: D913

摘要

The concurrence of legal relations refers to the concurrence of relative legal relations between civil subjects in two different legal fields due to the same legal fact. The forms of concurrence can be classified as contrary concurrence,selective concurrence and parallel concurrence,all of which are based on payment terms.Contrary concurrence is the concurrence of mutual payments between interested subjects in two legal relations. Selective concurrence is the concurrence that only one of the payments of the subjects concerning two or more legal relations can be achieved. Parallel concurrence is the concurrence that the payments of the subjects concerning two or more legal relations can be achieved at the same time rather than being in conflict with one another. The classification of the forms of concurrence provides a specific perspective for the observation of the formation( emerging,transferring and terminating) of the right and obligation relations between parties involved.