| The contract relativity theory has been through repeatedly the number millennium but not to be changed, regarding defends the third person's legitimate rights and interests, guarantees the free development of social transaction, has the special significance. However, in developed commercial society, contract creditor's rights function has been prominent day by day, the phenomenon of violation of contract creditor's rights is extremely serious, therefore, the law practice broke through the legislation outdate rules and regulations, has established tort law protection system of the contract creditor's rights. Until now, our country not yet established the tort law protection system of contract creditor's rights . This article utilizes the comparative analysis method, carries on the elaboration from the following four parts:The first part has analyzed the contract relativity theory, and had pointed out the civil legislation individual standard to the social standard transformation, the creditor's rights real right tendency, the creditor's rights in the modern civil law superior status establishment, the efficiency breach theory appearance is the background of the tort law protection theory of contract creditor's rights.The second part has analyzed the origin and the economic basis of tort law protection of contract creditor's rights, pointed out the honest and good faith principle are the fountain of tort law protection of contract creditor's rights.The third part has analyzed the violation contract creditor's rights constructer and the responsibility shape, pointed out when the contract creditor's rights had been infringed, there are three kinds of responsibilityshapes, the third person's independent responsibility, third person and the debtor undertakes the joint responsibility, third person and the debtor undertakes the untrue joint liability.The fourth part proposed the article design and the legislation reason of our country's tort law protection of contract creditor's rights.
|
PDF Full Text Request