The System Of The Third Party's Infringement Of Creditor's Right

Over long period of time , the question of the third party's infringement on creditor's right has been a controversial issue in the context of the civil law. Because of the economic development of the 20th century,many countries have established the rule of the third party's infringement on creditor's rights. In fact,among judicial practice of our country,there were cases already confirmed creditor's rights as a subject of tort. But there are still much confusion in jurisprudence and practical implementation.This thesis concludes three parts besides the introduction part and the conclusion part. The first part is the summarize of the system of the third party's infringement of the creditor's right. This part proves that the creditor's right can be infringed by the third party and it is necessary to build the system of the third party's infringement of the creditor's right.The second part about the system of the third party's infringement of the creditor's right on comparative law. This part introduces the development of the third party's infringement of the creditor's right in several nations, including the continent law and the common law. The third part is the most important part of this thesis. This part discusses the types and elements of the third party's infringement of the creditor's right and it tells what kind of behavior is the third party's infringement of the creditor's right. This part also elaborates the civil responsibility and exemptions. Deferent kind of the third party's infringement of the creditor's right will cause deferent responsibility. At the end of this thesis, it discusses the present situation and the development trend of the system of the third party's infringement of the creditor's right in our country.