On The Third Person Against The Claims

The research that a third party infringes on obligatory right has been insufficient in our country,but I believe that it will surely appear in the future legislation before long as a special tort .This paper begins from an argument whether obligatory right has sanctity, and then discuss the gist which a third party infringes on obligatory right according as,special composing main characters,the obligation of the tortfeasor in order to facilitate theory and offer some measuers to solve certain practical problems.The phenomena that a third party infringes on obligatory right is new in the development of society economy.Acknowledging the sanctity of obligatory right doesn't violate the fundamental that obligatory right has their relativity.Compared with the normal tort, infringement on obligatory right should be regulated by the tort law .This kind of action that a third party infringes on obligatory right indirectly should bring more attention.The three main points about a third party's infringement on obligatory right are subjective malice,damaging actions and damageing results. Subjective malice is the most important.As for obligation results,the obligation of a third party's infringements on obligatory right is different from that of breach of faith,and the tortfeasor and the debtor are charged with unreal joint and several liability.The paper is divided into five parts.The first part is about theory of a third party's infringement on obligatory right.This part begins from theory of the infringements on obligatory right and describes the essence of obligatory right.The object specialties in request of obligatory right is the initial meaning of obligatory right'essence.The carrying out of obligatory right gets rid of a third party.This shows that real right which is realized through the safeguarding of infringement law is imperium ,while obligatory right which is realized through the safeguarding of debt law is a relative right.About the relativity of obligatory right,this paper discussing from the safeguarding theory of private rights,the basic theory about right of claim, the sanctity...