Fundamental study on the distinction between "real rights" and "claims"

真实的权利与债权是完全不同的概念。前者是对有形物的排他权利，后者是对他人的相对权利。然而，这两个可能在某些领域重叠，如租赁。本研究探讨了如何以及在哪一点上我们应该区分它们。本文首先探讨了两个基本问题：（1）两种权利的区分与现代民法典的一些特征，如以“权利”为基础的制度和“有形物”概念的关系;（2）两种权利的区分在制度上的意义。其次，本研究重新审视了四个基本概念：物权、人身权、排他性和相对性。通过这四个方面的结合，为分析奠定了不可或缺的基础。最后，关于两种权利的界定，指出了界限的模糊性和权利要求的客观化。

Real rights and claims are totally different concepts. The former is exclusive right to tangible things, while the latter is relative right to other person. These two, however, may overlap in some fields such as lease. This study examines how and in which point we should distinguish them each other. Firstly, two basic problems are concerned: (1) Relation between the distinction of two kinds of right and some characteristic features in modern civil codes, such as the system based on "rights" and the concept of "tangible things", and (2) Meaning of the differentiation of two rights in relation to the system. Secondly, the study reconsiders four fundamental ideas: rights to things, rights to person, exclusivity and relativity. By combining these four, an indispensable foundation for analysis is established. Finally, as for the delimitation of two rights, ambiguity of the line and objectification of claims are indicated.