Study Of A Third Party Infringement Claims System

The paper has five parts with about 35,000 words besides preface, introducing the evolution and development of the system of the third persons infracting rights of obligee.The first part: synopsis. This part briefly introduces the definition and characteristics of the system of the third persons infracting rights of obligee. The historical development and Chinese present legislature situation is analyzed from a comparative angle, with the views that the theory and practice development in China and the world promoted the cause and development of the system of the third persons infracting rights of obligee being put forward.The second part: the theory background and evolution of the system of the third persons infracting rights of obligee. This part analyzes the theory soil and evolution process of the system of the third persons infracting rights of obligee, indicating that the cause and evolution of this system results from the necessary demand of development of many theories from seven aspects, such as emergence of efficiency breach theory, whether the rights of obligee could be the object of tort as well as the integration and obliquity between tort obligation and breach obligation.The third part: constitution parts of the system of the third persons infracting rights of obligee. This part dissertates the concrete forms and constitution parts of infraction upon rights of obligee, pointing out that two forms are direct and indirect infraction and five constitution parts are: rights of obligee are legal; infraction conductor has subject bad faith; infraction conductor actualizes the delict; rights of obligee are damaged; the damage is the consequence of the infraction action.The fourth part: liability of third persons infracting rights of obligee. According to the different causes of infraction, this part introduces the solitude liability of the third persons, the related liability of the third persons and the obligor as well as relationship between the related liability and third persons infracting rights of obligee.The fifth part: summarization. This part makes a brief summing-up on the system of third persons infracting rights of obligee and brings forward the prospect of its future.