A Study On The System Of The Third Party 's Infringement Of Creditor' S Rights

Since the1853case of Lumley v. Gye established contractor’s right to appeal the Third Party outside of the contractual relationship, if the creditor’s right could be protected by tort law there has been controversy, and the relativity of obligation which constitutes the main obstacles against the third party’s infringement on creditor’s right, but with the development of modern tort law theory, a lot of countries have established a system of third party’s infringement on creditor’s right. This paper will give some recommendations for establishing a system of the third party’s infringement on creditor’s right, which is based on analyzing the obstacles against establishing the system of third party’s infringement on creditor’s right.This paper consists of two parts:introduction and body. The introduction of dissertation is a brief introduction of the main problem talked in this paper. The body part describes the origin and development of the system of third party’s infringement on creditor’s right, then describes the obstacles against the system of third party’s infringement on creditor’s right, lastly find the elements of the system and give some recommendations for establishing a system of the third party’s infringement on creditor’s right.Chapter Ⅰ is sort of formation and development of the system in Civil Law and Common Law. I hope to get the useful experience to China in the process.Chapter Ⅱ describes the obstacles against the system of third party’s infringement on creditor’s right.Chapter Ⅲ finds the elements of the system of third party’s infringement on creditor’s right and exemptions.Chapter IV gives some recommendations for establishing a system of the third party’s infringement on creditor’s right.