一、抗辩的界定所谓抗辩.是指一方当事人行使权利时,他方当事人所提出的对抗或异议。广义的抗辩包括三种情况:权利未发生的抗辩、权利消灭的抗辩和权利排除的抗辩(即抗辩权)。权利未发生的抗辩在于主张请求权根本不能发生,如合同不成立、法律行为的当事人为无行为能 First, the definition of defense The so-called defense refers to the exercise of one of the parties, the other party’s opposition or objection. Broadly defined defenses include three situations: defense in which rights did not occur, defense in the elimination of rights, and defense in the exclusion of rights (ie, the right of defense). The defense that the right does not occur lies in that the claim can not happen at all. If the contract is not established and the legal act is incapable