A Third Party Infringement Claims

With the changing of the society, the creditor's rights play a more and more important role in a country's economic development. In order to protect creditor's rights from the third party's infringement, it is especially important to establish the system of the third party's infringement of creditor's rights. The author develops this thesis mainly by using the historical and comparative argument method, the logical argument method and the standard analysis argument method. The author's conclusion is that the system of the third party's infringement of creditor's rights should be established formally in the form of legislation in the future torts liability section in the civil law code of our country. Meanwhile the author puts forward his suggestions on the legislation of the system of the third party's infringement of creditor's rights.There are five parts in this thesis besides the preface:In part one, the author points out that the third party's infringement of creditor's rights refers to the third party's intentional behaviours to infringe on the creditor's rights including expectant interests and contract relationships which are closely related to the emergence of creditor's rights, which lead to practical damages to the creditor's rights and take correspondent civil responsibilities according to the laws. Then the author compares the theories and legal practices of the third party's infringement of creditor's rights in civil law system and system of Anglo-American law. Through comparison, the author thinks that civil law system and system of Anglo-American law are coordinate in the acknowledgement of the third party's infringement of creditor's rights ( the third party's intereference in contract relationships), but there are great differences in specific contents.In part two, the author analyzes and argues against the main reasons some scholars have to oppose the establishment of the system of the third party's infringement of creditor's rights. The author thinks that these reasons shouldn't have been theoretical barriers to the establishment of the system of the third party's...