Infringement Claims Against The Third Of Thinking

Infringement claims is the third person, or intentionally malicious collusion with the debtor and which are aimed against the claims of creditors and to the damage caused by the behavior of creditors. The third is the third person outside the contract, that the relationship between debt outside.Infringement of third party claims exist in the behavior of almost all areas of society, all aspects of the nature of acts of infringement claims, and civil law remedies are a hot topic of long debate. China's current law on this issue has not been clearly defined, but the beginning of the implementation of the "Tort Liability Act" in this respect is also ignored. Legal theorists on this issue there are many versions. Three views of the more common:The first negative attitude that is absolutely right for the violations against the targets, but debt is a relative right, not as the object of tort;The second hold a positive attitude, that although the third person outside the relationship in debt, but people can still be an infringement; A third compromise approach holds that the behavior of the third theory may constitute an infringement of the claims, but the claims do not have the publicity of, so the third bear tort liability seems too harsh, should be carefully。The author is more sympathetic to the second approach。The paper will constitute the legal aspects and other related issues tort claim against the third elaborates。And the combination of contract claims in a number of issues related to China's legislation and judicial practice, make some comments and suggestions.