Study Of A Third Party Infringement Claims System

The system of infringement of obligatory right by third party is the result of combination of contract law and tort law for the benefit of creditor. Adhering to the principle of relativity of obligation, Traditional theory always alleges creditor's right shall not be the object of tort. However, with the social changes of the times, the diversity of economic activity and the continuingly emerging of infringement of obligatory right by third party, the interests of the creditors could often be violated and can not be protected due to liability for breach of contract could not safeguard the creditor's right well in many cases. With this context of the times, Socio-economic development and the occurrence of infringement of obligatory right by third party increasingly, almost every country has to find a solution to the problem of infringement of obligatory right by third party through different models. The way to solve the problem of infringement of obligatory right by third party could widen the interests' scope protected by tort law and strengthens the protection of the interests of the creditors.But until now no definite law directly regulates the act of infringement of obligatory right by third party in almost every country and the violation of creditor's rights occurs frequently , which causes the urgent need for legislation to regulate. This paper does a systematical research on the system of infringement of obligatory right by third party and puts forward its own understanding after analyzing the different models to solve the problem of infringement of obligatory right by third party in preventative countries and the constructive conditions of infringement of obligatory right by third party in those countries.The paper is composed of three parts that are the Preface, the Text and the Epilogue.In the Preface part, the author introduces the origin of debt and the development of the relativity of obligation, and explains the issues hereto and the structure of this paper briefly.The Text is composed of by two parts.In the part one , the author firstly analyze and discuss the change in the system of infringement of obligatory right by third party in two families of law from the respect of historical review. And the author focuses on the review of formation and development in Britain, America, Germany, France and China Taiwan. After the introduction, the representative countries have changed their attitudes form negative to positive on the theory that creditor's right could be the object of tort on the condition that the social life becomes complicated and diversified. The author wants to find the same obstacles in constructing the system by comparative study on the similarities and differences of infringement of obligatory right in the countries or regions above.Then, the author demonstrates the theoretical basis of the system of infringement of obligatory right by third party. The system has a long history but there are different attitudes towards it. Many scholars still hold the principle of absolute relativity of obligation. The author makes an explanation on the theoretical basis of the system and the breakthrough of the principle of relativity of obligation, points out the background for the forming of the system and shows that the relativity of obligation and inviolability of obligation could be reconcilable and balanced.Part two is about the types and the constructive conditions of the system infringement of obligatory right by third party. Firstly, the author demonstrates the types of the system in detail and puts forward his viewpoint after analyzing the above scholars' viewpoints. Then, the author puts forward his viewpoint on the constructive conditions of the system. The constructive conditions shall be differed according to different types. The constructive conditions of the system are different form the common torts and have its own particularities. After introducing the different viewpoints on the constructive conditions of the system and combining with these viewpoints, the author analyzes the same constructive conditions between the system and common torts briefly, meanwhile discusses the particular constructive conditions of the system in detail in order to provide a comparatively integrated guide to understanding and application of the system correctly.The Epilogue is the conclusion to the paper.