Demonstrating The Justifiability Of The System Of The Third Party Infringing Creditor's Rights

The question of the third party infringing creditor's rights is a famous controversial issue in the civil law and the legal practical field. It has began to debate endlessly for over 100 years so far Since it has proposed. As to it, the academy has vary opinions, Legislate has no regulation, there have different judgement on the judicial practice. However, it has been established in many countries. But the justifiability of the system of the third party Infringing Creditor's rights lacked of argumentation which is profound and full-scale. Could creditor's rights become the target of Tort law? Where is the justifiability of this system ? How to establish this system in order to harmonize the interests of creditors and the third party's discretion to act. All this questions puzzled our civil law educational circles.This text attempts to prove this question from four facets. Above all, we prove that the theory source of this system comes from the Infrangible of Creditor's rights. Second, the system has his own values orientation, it also follow the "principle of Honest and Credibility "and the "principle of Public Order and Good Habits". Third , from the existing legal system we can't put it to the system of Unjust Enrichment, the Anti-Unfair Competition Law and the system of subrogation for our creditors. So we should establish the system of the third party infringing creditor's rights. At last, we should define the general elements of Infringing behavior appropriately so as to protect the interests of creditors and maintain market competition orderly.