Study Of A Third Party Infringement Claims System

The phenomenon of third party infringing upon the creditor's rights is more common in creditors'rights superior position time than in real right superior position time.However, in order to promote development of productive forces as the main social purposes, and individual standard, under the guidance values, the law will not have a third party claims against the behavior of others to intervene. Only in the emphasis on both economic development and stability, and social standard under the guidance of thought, such acts have included the necessary scope of the law. Based on this awareness of the need, since the mid-19th century, two legal systems of the major countries in judicial practice, the system of third party infringement claim to be recognized. Based on the claims of whether the invasion of both positive and negative can be said of the assessment, that: claims of relativity, expected profitability, social openness are not atypical form of debt with the theoretical obstacles to invasion, interests and claims can not be invaded Nor has the effect of external debt can be the theoretical basis of sexual aggression, invasion is not only the right to claim against the third person to provide strong theoretical support for the establishment. China should take the general pattern + type of legislation. Infringement of third party liability claims Elements should include:the relationship between debt other than the subject is third person, the object is lawful and valid claims, is the third person at fault subjective and objective aspects of performance for the violations of causality and damage results. There is no third party claims against the scholars through the special exemptions that should be the same with the other violations, the general exemptions apply. In terms of accountability is that no matter what the circumstances, the third and the debtor are not really assume joint and several liability.