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

The traditional Civil academia persists creditor's rights is privity right, because the creditor's rights fall out of the remedy scope of tort law. But from middle 19th century to early 20th century, the society and history background has greatly changed. Firstly, the creditor's rights are more and more important, secondly, the infringement on the creditor's rights is more and more serious, which made the creditor's interests imbalanced. How to protect creditor's rights is a common problem of Civil law system and Anglo-American law system,in accordance, the system of the third party's infringement on creditor's rights has arise. This paper has analyzed the theoretical foundation of the system of the third party's infringement on creditor's rights, the constitutive requirements of the object, special exemption of the violation on the creditor's rights and liability. In the last part this paper would analyze the system of the third party's infringement on creditor's rights in China and give some suggestions.Besides the Introduction and the Conclusion, there are four parts in this paper.In the part of introduction, the author asks questions, and explains the scope of argument and research methods.Chapter I: A comparative review on the system of the third party's infringement on creditor's rights. Firstly, the article introduces the development of this system in Anglo-American law system, then analyses the society and history background of the system of the third party's infringement on creditor's rights. Chapter II: Elaboration of the theoretical foundation of the system of the third party's infringement on creditor's rights. The involving-person nature of debt, non-invasion nature of debt, the development of remedy, the scope of tort law are the theoretical foundation of the system of the third party's infringement on creditor's rights. Then the article analyzes the relevant theories in china.Chapter III: The constitutive of the system of the third party's infringement on creditor's rights. This part include:the constitutive requirements and special exemption reasons of the third party's infringement on creditor's rights, and the liability.Chapter IV: Thoughts of the establishment of the system of the third party's infringement on creditor's rights in China. First of all, the article analyzes our existing legislation and judicial practice, second, gives suggestions.Conclusion: A summary and refinement of the views of the paper.