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Discuss On The System Of A Third Party's Tort

Posted on:2003-03-16Degree:MasterType:Thesis
Country:ChinaCandidate:Y P WuFull Text:PDF
GTID:2156360092960081Subject:Law
Abstract/Summary:PDF Full Text Request
By our historical inspection of the law system of civil liabilityfor infringement of rights by a third party, and deep discussion of its concrete patterns, main features and important conditions , We consider that the creditor's rights can not make effect on a third person for being a comparative rights, that is to say, creditors can only require debtors to fulfill specific obligations of credits, can not demand a third party to assume the debtor's obligations, rather than a third party willful infringement upon the realization of rights of creditors. As a kind of rights protected by law, rights of creditor possesses the haracteristics of inviolability and the absolute, can make tortuous object, the debtor has rights to claim for compensation to a third party when being infringed, he should not be bound by the comparability of creditor's right. A third party tort can be classified as direct wrongdoings and indirect ones and the later can be divided into substantial sorts, lure sorts and collaborating sorts. It refers to the situation which liability can't be fulfilled, personally due to the debtor and creditor's right object being invaded; the 2nd is seduce encroach, it refers that the actors lure their debtors or debtors of his inferior ones break of contracts between creditors; the last one is collusive encroach, it refers that he do harm to benefits of a creditor due to the vicious behaviors colluded with a third party and a debtor. The main characteristics of a third party tortious behaviors are the details asfollow;a. In terms of subjective important document, intent is principle whilenegligence is exception;b. Behavior main body refers to a third party beyond the belt relationship, but when debtor colludes with a third party to infringe others debt right, he is become a co-main body.c. The behavior object is a valid creditor's right of others;d. In terms of function and effect this system is only an additionalone.The integrant important document of indirect case resulted by a third party (direct tortious case is the same as common ones) which covering; a intent to infringe upon debt right subjectively is necessary; b do harm to the creditor'sright of a creditor;c. The behavior is malfeasant;d. Tortious behavior is the reason of damage consequence.On the other hand, the article has investigated the civil obligation and the excluding illegal origin of an incident of a third party tortuous liability and make a condition that the civil obligations can be probably classified as following 3 sorts, that is, untrue joint and several compensate liability between a third party and a debtor; joint and several compensate liability between a third party and a debtor as well as the tortious liability assumed by a third party solely. Apart from the main content contradictory in common tortious behaviorists,easonable and fair competition fulfils obligation and advice are the inherit content ofexcluding illegal origin of an incident.Finally, this paper has explained the necessity and lawmaking ground of a third party tortious liability system draft frame to provide a reference for lawmaker formulating a civil code in the coming years...
Keywords/Search Tags:a third party, infringement on creditors' rights
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