Theoretical Study Of A Third Party Infringement Claims System

The third person encroaching on credit's right is the intentional or malicious behavior of the third person out of the relation of credit which caused the damages to creditor. It is a hot topic discussed in the theoretical field of civil law and judicial practice. The paper will demonstrate whether the credit's right could be the objector of infringement behaviour, analyze the constitutive requirements of the third person encroaching on credit's right, at the same time, the paper will discuss the condition of legislation of the third person encroaching on credit's right in our country and give advice of legislation. This paper's argument consist of six parts:Part one, The institution factor of the third person encroaching on credit's right.(一) The historical development of the institution of the third person encroaching on credit's right in continent law and Anglo-American law.(二) The theoretical basis of the institution of the third person encroaching on credit's right.1,The relativity of credit's right, which is a law relation in which certain creditors can demand benefit to certain debtors. The relativity of credit only mean the inside effect. To the outward effect, as a kind of right or benefit, The third person has the obligation of no infringement, otherwise the Responsibility of infringement would be arised.2,from the perpective of economic analysis, the paper points out the necessity of the institution of the third person encroaching on credit's right.3,About whether the third person encroaching on credit's right could be replaced by replacement right and repealing right.4,whether the law of infringement only protect existing benefits.5, Necessity to establish the third person encroaching on credit's right in order to distinguish the credit's right and the material right.(三) The sense of establishment of the third person encroaching on credit'sright.Part two, The constitutive factors of the third person encroaching on credit's right.(一) subject factor. (二) object factor, which infringed credit's right which is effective in law. (三) subjective factor, the third person intentionally infringe other's credit's right. At the same time, the person's purpose,motive and social benefit must be considered.(四) objective factor, the infringing person has infringement behaviour which is illegal.Part three, this paper demonstrate the liability problem of the third person encroaching on credit's right from basic style,liability pattern,the scope of compensation of the third person encroaching on credit's right.Part four, present condition,theoretical and practical problems and legislation advice about the institution of the third person encroaching on credit's right in our country.