Study Of A Third Party Infringement Claims System

The theory of the third party violating the creditor's rights has a history of more than one hundred years and has been gradually acknowledged by jurisconsults in most of countries. Some Chinese scholars in the legal field have begun their studies on this item since 1980s; meanwhile, they have raised lots of valuable views. However, because of this theory's own complexity, the research on it absolutely goes more difficultly. Therefore, the research on it within the last 20 years is too insufficient to meet practical need. In this paper, the author tries to solve some theoretical problems and hopes that what the author has discussed in this paper will be benefit for our theoretical research and judicial practice. The whole paper includes five parts except the preface and conclusion.The preface gives the purpose and the value of writing this article.Part Ⅰ is a comparative study on the theory of the third party violating the creditor's rights. In this part, the author hopes to make it clear that with the complexity and diversification of our social life, legislators in most of countries have gradually taken positive attitudes towards this theory; that is to say, others should not infringe the creditor's rights as well as other civil rights.Part Ⅱ is about the theoretical basis of the system of the third party violating the creditor's rights. In this part, the author makes an explanation in detail about the theoretical basis of this system and also the conflicts and balance between the relativity and inviolability of debt.Part Ⅲ is about the constitutive requirements of the behaviors of the third party violating the creditor's rights and the grounds for exemption. In this part, the author points out that because of the particularity of this conduct, strict constitutive requirements should be regulated in order to balance "the protection of the creditor's rights" and "the freedom the third party". Here, the constitutive requirements consist of six parts: (1) the creditor's rights should be legal and valid; (2) The behaviors of violating creditor's rights exist and these kinds of behaviors should also be illegal; (3) The third party should have nothing to do with debt between the creditor and the debtor, (4) The third party should intentionally violate the creditor's rights; (5) Damages has been caused; (6) There is causality betweenthe behaviors and the damages. Then, the author makes an introduction about three kinds of grounds for exemption.Part IV is about three kinds of forms of the civil liabilities .The first one is the obligor's contractual liability and the third party's delictual liability; the second one is the third party's own delictual liability; and the last one is the obligor and the third party's joint and several liability. At the same time, the author emphasizes that the system of the third party violating the creditor's rights is also very important as well as the system of the liability for breach of contract.Part V is the legislative prospect. By analyzing the legislation in China and the great value of the system of the third party violating the creditor's rights, the author points out special provisions about the third party's violating behaviors should be regulated, which should also be improved by judicial interpretation and relative cases continuously.The conclusion reviews the process of studying and restates the purpose of this article, and expresses the hope to establish the legal system of the third party violating the creditor's rights.