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

The third party infringement refers to a third party, which is not involved in the debt relationship, implements measures intentionally, with or without debtor, causing damage to creditors. This system originates from an Anglo-American law system country, the UK, then spread to and was gradually accepted by continental law system countries later. In China, the third party infringement system causes a fierce debate both in judicial theoretical cycle and practice. This thesis states the connotation, theoretical basis and constituent parts of the third party infringement system. It explains why the third party infringement system should be established in China based on analysis and comparison with existed cases and laws in other countries. In a further way, it put forwards legislative proposals about the third party infringement system and about which legislation system it should be contained. At last, it discusses the civil compensation issues to adapt to Chinese situation, assuming that the third party infringement system has already established in China. This thesis contains the introduction and five main parts:Part 1 introduces what is the third party infringement system is. In section 1, it states the connotation of the third party infringement. And in section 2, it states that the theoretical basis of this system is breakthrough to creditors’rights relativity, the principle of the inviolability of creditors’ rights and claiming of creditors’rights. Section 3 states elements of third party infringement. Section 4 introduces the classification of the third party infringement in Germany, which have brought important effects on Chinese civil law and classification of the third party infringement behaviors, which are accepted publicly.In part 2, we observe this system in a comparative way. The first two sections introduce the current situation of the third party infringement system theoretically and practically, both in the Anglo-American legal system and the continental legal system. And section 3 concludes the similarities and differences in those two legals.In part 3, we give reasons that why the third party infringement system can be and should be established as soon as possible in China. Section 1 explains that why some scholars deny this system. Against this opinion, section 2 argues the necessity to establish the third party infringement system based on cases and laws in three aspects:the reality needs the development of legislative system, existing law cannot solve problems in this area and necessity to establish this system for China. This part prepares for legislative conception in part 4 and part 5.In part 4, we describe our legislative proposals to the third party infringement. It can be classified in tort law system or in a system, which contains both contract law and tort law. This part reveals what the principle the writer holds when creating the system.Part 5 draws civil compensation responsibility, assuming that this system has already established in China. Through the comparison between Contract Law and Tort Law, this thesis defines the scope of civil compensation and put forward that in which condition people should handle this civil compensation duty. And then it states what the special exemptions are in this system.