On The Third Person Against The Claims

During a long period, the legal problem of the third party infringement on creditor's right is a controversial issue in both legal academic field and legal practical field. The reason is that it relating to the delicate relationships between the privity of the creditor's right and the inviolability of that. It also relates to two types of property rights, creditor's rights and real rights. Besides, it has some connection with the overlapping between logic of contract and tort. What is the theoretical basis of the the third party infringement on creditor's right? How to design a reasonable system protecting benefits of creditors, while not restricting the freedom of the third party? What responsibility the third party and debtor should bear when the infringement occurs? What relationship are their responsibilities? All the questions mentioned above should be carefully considered. In this thesis, the author begins the discussion from the history of the third party infringement on creditor's right, tries to find its theoretical basis, and then tables her proposals of those system designing and improvement of our civil law.This thesis consists of three parts:In the first part, the author defines the third party infringement as that the third party other than parties of debts intentionally infringes the creditor's right, which led to practical damages to creditor. Then the author does research on the process that the privity theory has dominant position in early days, but there were some breakthrough later, and then many countries admit the third party infringement on creditor's right in their law. Then the author analyzes the possibility of establishment of the third party infringement on creditor's right through enumerating some reasons of those scholars who oppose or agree that, then refutes the opposing reasons and set forth her own reasons for rationality of the establishment of those system. Besides, the author stipulates the necessity of that system.The content of the second part is construction of the third party infringement on creditor's right system, which consists of 3 sections: components, types and responsibilities.In the third part, the author thinks that there are serious problems in the legislation and judicature of the third party's infringement of creditor's rights in our country considering the present conditions. So it is necessary to adjust the laws in effect. We can reserve the principles and add particular articles in our civil code in the future.