On The System Of The Third Party's Infringement Of Creditor's Right

The phenomena of the third party's interfere with creditor's right becomes more and more common today. The law must make choices: whether or not to regulate this kind of acts, by what reason to regulate to regulate this kind of acts.The third party's act brings heavy damages to the creditor.It violates the fairness and justness of the society, and breaks the bottom line of law. Regulationg this kind of acts has already become an mutual recognition of most of the countries in the world. The common law system countries have already established the system of the third party's interference with the contract,meanwhile,voice of establishing the system of the third party's infringement of creditor's right occures in the civil law systenm countries. However ,in the civil law system countries, the dividence of absolute rights and relative rights is deep-seated,and privity of the obligation is existed as an basical principle of law of obligations. The object of the third party's infringement is creditor's right under the system of the third party's infringement of creditor's right. It is not in accordence with the concept of debt or the logical system the civil law system. By means of analying several theories of the third party's infringement object,the author accept the theory of infringement upon creditor's right of personal freedom, and put forward the concept of the third party's interference with creditor's right. Based on this, the author discussed the types,elements,remedies and several relevent questions about the third party's interference with creditor's right. This thesis concludes six parts besides the introduction part and the conclusion part.The first part is the summarize of the system of the third party's infringement of the creditor's right. This part introduces the background, beginning case, concept and characteristic of the system of the third party's infringement of the creditor's right,to set a base for the later discusstion.The second part is about the theoretical predicament and system ills of the system of the third party's infringement of creditor's right. And introduces the provisions in different countries and areas.The third part defines the object of the third party's infringement. By means of analysing several theories ,the author accept the theory of infringement upon creditor's right of personal freedom.The fourth part discusses the types and elements of the third party's interference with creditor's right. This part divides the third party;s interference with creditor's right into two kinds, and points out their own elements.The fifth part elaborates the remedies and obligations. When the third party's act constitutes infringement, the creditor can ask him to cease the infringing act, or claim indemnity for the loss incurred. If the liability of tort of the third party and the responsibility of breach of the debtor occures at the same time, it brings the unreal joint and several liability between the third party and the debtor.The sixth part discusses the appliance between the third party's liability of tort and other relevent remidies.