Study Of A Third Party Infringement Claims System

The system of the third party's infringement of creditor's rights is the outcome of the development of creditor's rights system and infringement of right system in modern times. It has surmounted the relativity theory of traditional debt in civil law and endowed creditor's rights with the quality that can't be invaded. It has become the definite theory in each country's law that the tort of the third party can become the behavior of infringing act. However, it still hasn't the clear regulation in China's present law, which is a legislation leak. With the development of market economy the cases about the third party's tort are hiking day by day. Therefore, it becomes imperative and necessary that the legislation of concerning system is made perfect.Firstly, this article introduces the origin and development of the system of the third party's tort and defines its concept and position. Secondly, it puts forward the theory basis and practical value of the system of the third party's tort through analyzing the obstacle, the relativity of creditor's rights, of establishing that system. Thirdly, through comparison and research, the author thinks that in the constituent problems of the third party's infringement of creditor's rights its constituent elements should be the following several aspects: the person of the tort of creditor's rights is the third party who is outside the concerned parties in the relation of debt; there exists subjective fault, including willable idea and negligence; there need to be objective tort,damaging fact and causality. The target of the tort of creditor's right is all legal and valid creditor's rights. Finally, the remedy of the third party's infringement of creditor's rights is discussed. The third party is responsible for creditor's rights, which is the method of law remedy. Meanwhile the author makes enough discussion from the legislation of all the countries in the world and Taiwan area in China and China's present legislation and judicature conditions. It is fully possible and necessary that the system of the third party's infringement of creditor's rights be established, and legislation suggestion is put forward.