Study Of A Third Party Infringement Claims System

The topic of this paper is about the legal problem on the third party infringes the creditor's right. We should know that the research on that item is not only a supplement of the legal practice but also a deeply ponderation on the theory about the creditor's relatively right. With the theory of the contract for the third party's benefit and etc., it raises a movement on expanding the force of contract and protecting the creditor's right.In this paper the writer tried to full scale introduce those different representative opinions on the third party infringes the creditor's right problem and advanced writer's own opinion. The writer discussed the theory basis of the third party infringes the creditor's right as well as the constitution of that legal system, liability and defense.Those concepts on the third party infringe the creditor's right are different between the broad sense and the narrow sense. For the purpose of discussing that legal problem in harmony, the writer's opinion is to adept the narrow sense concept as the third party interference the contract relationship and disturb the creditor exercise his right.As the structure of dividing right into the relatively right and the imperium is the base of civil law, the theory of creditor's right belonging to the relatively right is a basic theory of civil law. For compare, the doctrine on the privity of contract is used more of legal system than a theory basic. That is why there is uniform legal system as "Tort of Interference" to solve the problem on the third party infringes the creditor's right and we should use it for reference.The writer considers that the behavior of infringing the creditor's right is the third party, who knows the situation of debt relation and wants to infringe it, induces the debtor to breach the contract or block the creditor from exercising his right. When there is essential damage the creditor has the right to sue the third party for tort independently.In the practice of trial, it's more important to research the defense than the constitution. This paper introduced some ripe defense as reasonable behavior, justness dispute, lawful behavior, line of duty and inapplicability of tort law.Some scholars considered that the third party infringes the creditor's right theory should be supplement of the liability of breach contract. The writer considered that the third party should take on the liability of tort independently as he infringes the creditor's right independently. The relationship between the third party's liability and the debtor's liability should be understand as non-indeed related debt.