Study Of A Third Party Infringement Claims System

The science of civil law theory always divides the civil right of property interest into real right and creditor's right, and endows them different validity and relief approach. The creditor's right belongs to relative rights, and it is civil legal nexus between the specific parties that bases on the special provisions of law or agreement of the parties. It is the right that makes requests to the specific object. Different from the real right, its subject of right and duty are both specific. So analyzing from the definition structure of the creditor's right, its scope of validity apparently only involves the debtor and the debt apparently is a fully closed nexus.However, with the development of the economy, the reality base of traditional civil law has partly lost, and the affairs that persons who are from outside the debt infringe the interest of the creditor's right occur from time to time. So it is the historical inevitable choice that sets up the system of the third party's infringing creditor's right. From the aspects of the theory base, social reality base, system value and constitutive requirements, the paper elaborates the necessity and feasibility of setting up the system of the third party's infringing creditor's right.The full paper divides into six parts:The first part is the relativity of contract and its breakthrough. On the base of analyzing the origin, age background and development of contractual relativity, this part analyzes the breakthrough of contractual relativity, the development of debt's character that cannot be infringed, and its development in world countries.The second part is the academic analysis of the system of the third party's infringing creditor's right. This part concretely discusses whether the creditor's right could be the object of the torts, the claim base of the third party's infringing creditor's right in the countries that belong to civil law system, and the status and value of the system of the third party's infringing creditor's right.The third part is the acts of the third party's infringing creditor's right. This part analyzes the character and types of the acts.The forth part is the analysis about the constitutive requirements of the third party's infringing creditor's right. The part mostly discusses the constitutive requirements, such as the subjective elements, acts, damage and causation, and specially discuss the system of the third party's infringing creditor's right and the debt equality.The fifth is the legal liability of the third party's infringing creditor's right. Based on the obligation principle of the general torts, the part discusses the several liability of the third party, the joint and several liability of the third party and the debtor, and the non-genuine joint and several liability that the debtor undertakes for the creditor.The sixth part is our country's cognition of the system of the third party's infringing creditor's right. The part concretely discusses the cognition of legislative workers, judicial workers and theoretical workers in China, and then sets forth the simple suggestions.