On Third Person's Infringement Of Claim

Third person's infringement of claim means the act in which third person outside debtor-creditor relationship encroaches on creditor's rights on purpose illegally and causes damaged interests for creditors. Nowadays a lot of countries have confirmed third person's infringement of claim system on legislating and judicial legal precedent, in order to safeguard the realization of creditor's legal claim and sanction of third person's illegal activities. However, introducing the system of liability for tort to the protection of claim breaks the relativity principle of the debt in the traditional civil law theory. So, setting up third person's infringement of claim system must clarify the relation between the relativity principles of this system and debt at first; Secondly, analysis of every connotation of this system in depth is a must; Finally, with the realization of the two mentioned above, this system could be well understood and set up in the legislation of our country.In this article, embarking from the various countries' legislation and the judicial practice, the author utilizes comparative analysis, historical research and methods, inquires into theoretical foundation and the practical significance of third person's infringement of claim system, and analyzes the constitution important document of third person's infringement of claim. Finally, the author puts forward his proposal after the inspection on our country's present legislated and judicial situation. This article consists of the introduction, the main text and the conclusion. The main text is composed of six parts.Part one discusses the definition and target range of third person's infringement of claim system at first; Then it investigates and analyzes legislative overview and theoretical differences of the system in countries and areas all over the world. This part is the foundation upholstery of the article.The second part endeavors to seek the existential rationality in the civil law system,...