How To Compensate The Infringement On Creditor's Right

The principle of infringement on creditor's right by the third parties was firstly established by the common law system as"interference with contract rights". Then with the mixture between the common law and the civil law families, counties of the civil law system became accepting the principle mentioned above in practice, but using different means to protect creditor's right, for example in Germany the creditor's right is protected as a right in existing legal system but not protected by Special law or as an absolute right, then in France, they protect it as interests. While China's current laws haven't established this principle because of the relativity of the credit. We consider that the principle of infringement upon creditor's right by the third parties is a development upon the relativity of creditor'right. The establishment of this principle is conducive to maintaining a market competition order, more conducive to the protection of creditor's interests.The article utilizes the way of inductive analysis, case analysis, and comparative analysis as techniques of legal science research and claimed the necessity and feasibility to establish this principle. The article contains three parts: introduction, main body and conclusion, the main body divided four parts:Partâ… : This part is about the typical forms of infringement upon creditor's right. In this part, through the comparison of the typical forms of infringement upon creditor's right, the article concludes what form of infringement comes within its scope of study, and eventually comes to what is infringement upon creditor's right by the third parties.Partâ…¡: Elaboration of the theoretical foundation of the system of infringement upon creditor's right. The author considers primarily that the reason for the absolute right against any third party is because of its typical public notice. Claims are not known because there is no suitable means to publicize. However, we have the ability to find a suitable publicity for the Claims, according to our current development of technology. Credit and debt as a legal relationship reflect the will of the state and can't be destroyed by others freely; people who violate it will be punished by its coercive power.Partâ…¢: The elements of the principle of infringement upon creditor's right contains: 1. legitimate claims; 2. the third party infringe claims intentionally; 3. act of tort; 4. the damage caused by the act of tort. This article does not refer to the subject of the system.Partâ…£: A study on how to compensate the infringement on creditor's right, this part proposes the possible actions to compensate infringed creditor's rights by defining the legal responsibilities and consequences of two types of infringement.