A Study On How To Compensate The Infringement On Creditor's Rights

The theory background of Infringement on Creditor's rights is: since 20th century, the conflict between the relativity of debt and the impossibility of infringement is no longer irreconcilable. Instead, an effective balance has been built up between the protection of creditor's rights and the freedom of the third party. With the development of modern economy, the infringement on creditor's rights happens more and more frequently and has becoming a hot spot that is being discussed in the academic fields of civil law of many countries. Also, international law society has focused on the theoretical research, legislation, and judicial practice of infringement on creditor's rights.By reviewing relevant theoretical information and analyzing judicial cases, this article combines some views from Chinese civil law scholars and focuses on the compensation and relief of the creditor's rights which are infringed. At the same time the article tries to define the responsibilities and legal consequences on infringing creditor's rights and to find the most suitable approach to compensate creditor's rights by using"cost-effective analysis". The author's opinion on updating current legislation regarding this problem will also be discussed.The article contains three parts: introduction, main body and conclusion.The introduction explains the main reason on choosing this topic as well as the purpose, the main characteristics and the innovation of this article.The main body has six chapters. The first chapter analyzes the different types of behaviors that a third party infringing creditor's rights and tries to find out the similarities and characteristics of these types, in order to develop the possible approach to compensate creditor's rights. The second chapter analyzes the theory possibility to compensate the infringed creditor's rights. This chapter also discusses the theory possibility how a creditor's rights can be infringed by analyzing its concept and the character. The third chapter analyzes the cost to legalize the system of the third party infringing on creditor's rights. The forth chapter reviews and compares different countries'current regulations and judicial cases on infringement on creditor's rights. The fifth chapter sums up China's current regulations on the protection of creditor's rights. The sixth chapter proposes the possible actions to compensate infringed creditor's rights by defining the legal responsibilities and consequences of two types of infringement.The conclusion summarizes and emphasizes this concepts and the proposal the author has discussed.