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Popular understanding of claims and debts

Credit is a kind of right. In layman's terms, it means that when someone owes you money, you have a creditor's right to others; debt is a kind of obligation, that is, if you owe others money, you have the obligation to repay others. payment obligations.

For example, if someone owes you 2,000 yuan and has not paid it back, you have a debt of 2,000 yuan; if you owe the other party 2,000 yuan and have not paid it back, you have a debt of 2,000 yuan to the other party.

The difference between the two is: a creditor's right is a civil law right, that is, a creditor's right is a civil law right to request others to perform a certain behavior (action or omission). Debt is a civil law obligation. That is, it is a debt relative to a creditor, that is, a civil law obligation that requires a certain behavior (action or omission).

The difference between creditor's rights and debt is: creditor's rights and debt are both different and related, and the two are indispensable. The difference between creditor's rights and debt is mainly the difference between the rights and obligations of debt. In the same economic relationship, there is a relationship of unity of opposites and a relationship of simultaneous existence. After both parties sign a loan contract, the party that contributes the capital is the creditor, and the other party that borrows the money is the debtor. The creditor's rights and debts are mutual, and neither the creditor's rights nor the debt can exist independently, otherwise they will lose their meaning. The difference in nature between claims and debts as property rights and creditor's rights does not necessarily mean that the expression of property rights must be independent of the expression of creditor's rights, nor is it the basis for a special method of changing property rights.

The concept of debt

is the civil law right to request others to perform certain actions (actions or omissions). Based on the principle of relative rights and obligations, a debt is a debt relative to a creditor, that is, a civil law obligation that must be a certain act (action or omission). Therefore, the relationship between debt and debt is essentially a judicial relationship between creditor's rights and debt. Neither creditor's rights nor debt can exist independently, otherwise they will lose their meaning.

Different from property rights, creditor's rights are a typical relative right that only takes effect between the creditor and the debtor. In principle, the debt relationship between the creditor and the debtor cannot be against a third party.

Legal basis: "Enterprise Bankruptcy Law of the People's Republic of China" Article 42 The following debts incurred after the people's court accepts the bankruptcy application are beneficial debts:

< p>(1) Debts arising from the administrator or the debtor requesting the other party to perform a contract that neither party has completed;

(2) Debts arising from the debtor's property being managed without cause;

(3) Debts arising from the debtor’s unjust enrichment;

(4) Labor remuneration and social insurance fees that should be paid for the debtor’s continued business and other debts arising therefrom;< /p>

(5) Debts incurred when the administrator or relevant personnel perform their duties and cause harm to others;

(6) Debts incurred when the debtor’s property causes damage to others.