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请求权概念是由19世纪德国的温德沙伊德,以罗马法诉权理论为基础提出来的。但这并不意味着早期的罗马法中不存在请求权,只是其与诉权合为一体,没有分开。温德沙伊德提出请求权概念后,罗马法的诉权分裂为三种类型的权利,一种是实体权利中的基础权利,一种是实体权利中的请求权,一种是纯粹诉讼法意义上的诉权。
The concept of the right of claim was proposed by Windsheid in Germany in the 19th century on the basis of the theory of the right of action in Rome. However, this does not mean that there is no right of claim in the early Roman law, but that it is not separated from the right of action. After Windsheid proposed the concept of the right of claim, the right of action in Roman law was divided into three types of rights, one is the basic right in the substantive right, the other is the right of claim in the substantive right and the other is the meaning of pure procedural law On the right of action.