A Third Party Infringement Claims

Traditional civil law theory is that the object of tort law is absolute right, but claims of right is relative and therefore not part of tort law's protect areas. With the developing of the society and economic, claims of right appears more and more superiority. Under the market competition, infringement claims of right happened increasingly and seriously damage the interests of creditors. How to comprehensively protect creditor is a common problems in judicial practice. Based on above background, third party violating claims system came into beingPartⅠ:Through analyzing the basic concept, system values and basic theory of third party violating claims system the article introduce the system and the background. Based on above analysis, we know third party violating claims system break the old theory, and help to build the Superiority of the claim of right.Part 2:this part anaylzes the social and historical development of third party violating claims system in Germany, France, Japan, as an example of the legislative status of civil law, as well as introduce, through the development of the law about third party violating claims system, the article point out that the third person to protect against claims is the essence of the rights, freedoms, security, order, etc. Is a necessary way to adapt to social and economic developmentPart 3:this part analyze the basic theory of third party violating claims system. This chapter compare the different characteristics of claims of right and property right. By analyzing the theory, the third party violating claims system got a strong support.Part 4:this part constitutes the element and special provisions of third party violating claims system, which include:subjective, object elements, the objective, as well as behavior and damage claims causal relationship between the results. based on the element, thePart 5:the article discuss third party violating claims system established in China according to current law. By reviewing the legislative process and judicial practice in China, and to just put the Tort Liability Act as the basis, third party violating claims system in our country has its own special room. In this part the article point out its own view.