Demonstration On The System Of The Third Party's Infringement On The Creditor's Rights

The system of the third party's infringement of creditor's rights is the outcome of the development of creditor's system and infringement of rights system in modern times. It broke the shackles of the principle of contract relativity in its conventional sense, grants the creditor's rights with full and all-round protection. It is profound on protecting of creditor's rights and the maintenance of the safety in business of the modern society.In the civil law system countries, the division of absolute rights and relative rights is deep-seated, and the principle of contract relativity is existed as a basic principle. However, the principle of contract relativity only express the debtor takes to have an aggressive obligation of carry out the legal right contents, and can't negate that the third party have the obligation to take respect to creditor's rights, even can't deny the impossibility of infringement of the creditor's rights as a kind of property right. And the division of absolute rights and relative rights is not absolute. It represented two extremities of the rights dividing system. The explicit boundaries of the two have already downplayed gradually with the development of the practice. The system of the third party's infringement of creditor's rights just with break least to the original system and the theories of the price exchanged to explain to the new institution reasonable.As the object of infringement, creditor's rights couldn't been known by the third party generally, others can hardly know the existence of the creditor's rights. In order to protect the freedom of the third party's behavior,we should put the third party's infringement of creditor's rights the composing important item of the legal right to definition for the following five parts strictly:1. Behavior person is the outside of the relation of contract; 2. the creditor's rights of been infringed is legal; 3.the subjection of the third party is directly intention;4. The third party carried out to infringe creditor's rights; 5.the infringement of third party brought about losing.There is various expression of the third party's infringement of creditor's rights, so the means of stand the racket is different. When debtor is blameless,the third party have to be charged with the duty .When the third party and debtor is blame for different reasons, the law has to confirm the liability for breach of contract at first to punish the dishonesty, and then consider liability of the third party's infringement of creditor's rights secondly. First, debtor should undertaken the liability for breach of contract, not enough part from the third party undertake a complement responsibility. When the third party conspires the debtor to infringe the creditor's rights, the creditor can ask for compensation to debtor or the third party or both of them.The system of the third party's infringement of creditor's rights is still belong to blank in the top of the our country lawmaking. From the advantages to the development of the system, the demand of reality, the harmoniousness of the civil law system, it is necessary to bring the system of the third party's infringement of creditor's rights in the infringement law. And we should learn from the common law system to give the creditor the right to ask for compensation directly. And be attention to the link of the liability for breach of contract and the liability of the third party's infringement of creditor's rights.