① Two or more creditor's rights with the same content can coexist on the same subject matter;
(2) The effectiveness of several creditors is equal, and there is no distinction between the advantages and disadvantages of effectiveness because of the different order of establishment, the number of creditors and their causes;
(3) For several creditor's rights of the same debtor, as long as they have reached the repayment period, they all enjoy the same right to compensation for the debtor's general liability property.
Extended data:
Reasons for creditor's rights:
The causes of debt can be divided into contract, negotiorum gestio, unjust enrichment and tort. The reasons for debt elimination are liquidation, deposit, offset and exemption.
(1) contract. Contract is the main cause of creditor's rights. Contract-based debts are contractual debts. Contractual obligations are voluntarily set by the parties on the basis of equality, which is a legal manifestation of the civil subject's active participation in civil activities and active economic exchanges. At the same time, only legally established contracts can generate contractual debts. ?
(2) infringement. Tort can be divided into general tort and special tort. In general torts, one party is liable for compensation only when it causes personal and property losses to others due to its own fault, and it is not liable for compensation if there is no fault.
(3) unjust enrichment. Unjust enrichment refers to the act of obtaining improper benefits and causing losses to others without legal reasons or contractual reasons. In the case of unjust enrichment, the party who has suffered losses has the right to demand the party who has gained benefits to return the improper benefits.
(4) negotiorum gestio. The meaning of negotiorum gestio means that if there is no legal or agreed obligation to manage and provide services in order to avoid damage to the interests of others, the party providing management and services has the right to ask the other party to pay the necessary fees.
Baidu Encyclopedia-Creditor's Rights