claim

I used to think, "Credits? Something to do with debt, right?" I used to think

Explanation of default values to be used if not specified in the contract, like default arguments in a library.

An optional provision in civil law is, in essence, a default value

It can be overridden by an agreement between the parties.

Claims may be overridden by agreement between the parties by [the principle of freedom of contract

civil code

general rules

(legal) real rights

claim

relatives

inheritance

Classification of rights

right

(legal) real rights

A person's direct control over "things"

Example: Ownership

My ownership over "my phone" means that I can claim "this is mine" to everyone else.

It is a very strong right and cannot be created without permission.

(doctrine of) the legal right to own property

claim

The right of a specific person to claim certain acts, etc., against a specific person.

Four causes of occurrence

contract

tort

And then there's office management and unjust enrichment.

Weak rights because they are only effective between the parties

Can only affect (oppose) third parties that are not between the parties when the requirements are met.

For example, suppose Mr. A, the owner of the patent, made a contract with Mr. B saying "You can use my patent" (a non-exclusive license), and then Mr. A's company was about to go bankrupt and he sold the patent right to Mr. C. Mr. C can claim against Mr. B, "Hey, don't use my patent without my permission. Mr. B may argue, "Well, Mr. A said you can use it," but Mr. C says, "I don't know about that," because the contract is only between the parties.

This is too pitiful, so the patent law has been patched.

(Countervailing power of non-exclusive license)

Article 99 A non-exclusive license shall also be effective against any person who has acquired the patent right or exclusive license or an exclusive license to the patent right after its accrual.

They can make it on their own.

principle of freedom of contract

free creation of claims

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