Discussion On The System Of The Third Party's Tort

According to deep discussion of infringement of rights by the third party's of its comparative jurisprudence's observation, concrete patterns, main features and important conditions the writer will deeply explain the system of the third party's tort. This paper is divided into seven parts:Part1: comparative jurisprudence's observation of the third party's tort .We can see in the recent decades nations have given up the relativity of creditors right theory and recognized the system of the third persons infringement on creditors right legislation ,doctrine and cases instead.Part2: principle of relativity of debt. This part will explain 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.Part3: 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.Part4: infringement of rights by a third party and system of double -contracts.Part5: constitutive requirements of infringement of the third person upon creditors right. The main characteristics of a third party tortiou behaviors are the details as follow; In terms of subjective important document, intent is principle while negligence is exception; 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 additional one. The integrant important document of indirect caseresulted by a third party which covering; a intent to infringe upon debt right subjectively is necessary; b do harm to the creditor's 2 right of a creditor; The behavior is malfeasant; Tortiou behavior is the reason of damage consequence.Part6: liability assumption and grounds for exemption, 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, reasonable and fair competition fulfils obligation and advice are the inherit content of excluding illegal origin of an incident.Part7: 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 in the coming years.