Study Of A Third Party Infringement Claims System

In the traditional civil law, creditor's right is the right to claim of either specific party to demand an action or non-action from the other party. The basic form of property law is property right and creditor's right.The property right is a absolute power, which shares the superior rights. The creditor's right is a relative power, which only can bind debtor.That is the principle of relative debt. The system of infringement of the third party upon creditor's right is the son of the development of civil law theory and economy.It tried to use tort law to solve the problem of violating creditor's rights,which is debated by civil law scholars.In the writer's view, infringement of the third party upon creditor's right means the third party intentionally violate the creditor's right,which demages the profit of creditor and should undertake the liability.This system breaks through the chain of the traditional principle of relative debt and gives absolute power to creditor's right. Although Tort Law in China didn't prescribe the system of infringement of the third party upon creditor's right,but it still save some space.It is theoretical and actual to study this system.This paper begins from the development of the system of infringement of the third party upon creditor's right in some countires,using measures of comparative analysis and historical analysis to research the concept of this system.Then it breaks through the traditional principle of relative debt and proves the inviolability of the creditor's right. In the last two part,the writer try to collect some scholars'view,study the type of this system and analyze the defenses and the approach of liability.