On The Third Person Against The Claims System

The system of the third party's infringement on creditor's rights is a controversial issue in the context of the civil law for a long time, because it concludes the protection of creditor's rights into the tort law. In the writer's opinion, the third party's infringement on creditor's rights is the outcome of the development of creditor's rights system and infringement of right system in the modern times. It surmounted the relativity theory of traditional debt in civil law and endowed creditor's rights with the quality that can't be invaded. It hasn't the clear regulation in China's present law. We know that the research on this item has important meaning not only in legal practice but also in civil law theory.This article uses the methods of example analysis and regulation analysis and comparative analysis and history analysis to writing. This article was consisted of seven charters:Charter one: Synopsis. This part briefly introduces the definition and four characteristics of the third party's infringement on creditor's rights.Charter two: Development history of the third party's infringement on creditor's rights. Firstly, introduces its development history in the countries of the common law family. Secondly, introduces its development history in nations and districts such as the civil law family like German, French, Japan and Taiwan. Last, gives the conclusions about development history.Charter three: Basic theory on the system of the third party's infringement on creditor's rights. Introduces the principle of relativity of debt and the new foundation that the creditor's rights can't be invaded to break up the limits of the principle of the relativity of debt. Then it gives the reasons and background about the change and development.Charter four: The forms of the conducts of the third party's infringement on creditor's rights. This article divided the conducts into direct infringement and indirect infringement. Then it introduces the characteristics and conditions about those two forms of infringement in detail. Charter five: The constitutive requirements about the behaviors of the third party's infringement on creditor's rights. The requirements are four aspects: subjective will, the behavior of tort, the damaging fact and causality.Charter six: Liabilities and defenses of the third party's infringement on creditor's rights. It introduces three kinds of liabilities and four kinds of defenses in detail.Charter seven: Establishment of the system of third party's infringement on creditor's rights in China. It introduces China's present legislation and judicature about this system and gives the legislative suggestions to set up this system.