On The Relative Claims And Third Party Claims Against

It's generally believed that the relativity of creditor's rights decides that creditor's rights could only reach specified counter-parties instead of affecting a third party. It is impossible for a third party to infringe the creditor's rights. More and more judicial practices worldwide tend to find that a third party could infringe the creditor's rights. Creditor's rights also bear the nature of not being allow to be infringed at will.In Roman law, the functions of contracts mainly aimed to maintain order. Jurist of later ages reformed creditor's rights to endow the relativity of creditor's rights with new significance. Creditor's rights' relativity and possibility to be infringed fall into different aspects of creditor's rights and could co-exist in creditor's right. The relativity of creditor's rights means being self-governed by their own intent, which expresses respect for individuals, while the illegality to infringe creditor's rights is something relating to social will, which focuses on social order.Since it's impossible to make all creditor's rights public, the constituting factors to impose liabilities on a third party on the basis of infringing creditor's rights is extremely strict. It's necessary to make the judges more free to decide at their discretion. We need to establish the test of "Good Customs" when deciding specific cases. Then we need to categorize all the cases to help in case-deciding.