On The Third Person Against The Claims System

In this thesis, apart from the preface, five parts are used to systematically analyze and demonstrate the third party's infringement on creditor's right, in an effort to settle some theoretical difficulties in order to be beneficial to our national judicial practice.Part I explores the establishment and development of the third party infringing the creditor's right both at home and abroad , in relation to the present legislation situation in mainland China, and points out the development of civil law theory and practice is the underlying cause of the establishment of this system.By analyzing the theoretical contentions on the third party's infringement on the creditor's right system , Part II elaborates that the theoretical basis of the birth of this system lies in the fact that the creditor's right, taken as one kind of important civil right, have the property value, therefore, should receive the same protection by law as the personality power, the real right, the intellectual property right and other rights, namely its inherent right nature that cannot be infringed illegally is the basic reason to obtain the relief in tort law when it receives the illegal infringement .Then it further analyzes how to balance the conflicts between the relative creditor's right and the nature as a right that cannot be infringed illegally so as to coordinate and supplement each other, to realize both the full protection of the creditor's right and the maintaining of legislation value and goal —free behavior of the third party.Part III elaborates the behavior of the third party infringing the creditor's right with emphasis on its concrete types and constitution parts , pointing out that it includes two forms— direct and indirect infringements, and specifically analyzes their constitution parts.Part IV divides the liability forms of the third party's infringement on the creditor's right, according to who undertakes the liability, into three kinds of concrete basic forms , namely: the third party undertaking the independent liability , and the creditor no liability; the third party and creditor untrue joint and several liability; the...