Type And Relief: Research On A Third Person Infringement Claims Legal Problem

Interference with creditor's right is a system developed at the beginning of the 20th century. Initially originated in countries of Anglo-American law system of interference contract system. There are different debates in academic circles on whether a third person can become the subject of infringement claims. Negative theory hold the opinion that claims with the nature of relative, neither claims has typical social openness nor clear logo of appearance. It is unfair to the third party for acknowledging infringement claims. Otherwise, tort law usually protects the right of absolute, classified claims into the scope of tort law caused chaos on the division of property and claims system. Positive theory believe that the nature of relative on claims cannot obstruct claims become the object of violations, claims should be protected effectively like other civil rights, claims have the nature of no aggress. This paper approve positive theory, admitting the rationality of infringement claims.In the context of market economy, a large number of civil transactions emerged consistently, In particular, more transactions between the main become frequently, the case of infringement claims are rising gradually, for the law does not require the system of infringement claims, creditor debt can only be based on the relative inclinations to the other party to claim compensation ,the legitimate interests of the creditors will not get effective protection when the other party does not have ability to compensate. Infringement of third party claims not only damaged the interests of creditors, but also brought a great challenge to the stable economic order and fair competition. Therefore, it is necessary to regulate infringement claims.This paper adopts an empirical analysis, comparative analysis and other methods to discuss the third party infringement claims: Firstly is overview, introduced the concept and features of third party infringement claims and the judicial and legislative situation for the third party infringement in our country through analysis of several typical cases, analyzed and described detailed to the background and theoretical basis of third party infringement claims. Secondly, is the classification of the third part infringement claims. The paper adopted the methods of directly infringes and indirect infringement claims, and emphatically analyzes the specific features and classification of the two kind of behavior. Lastly is a third person encroach on the creditor relief, firstly expounded the third person the legitimacy of creditor's rights infringement remedies, then discussed the specific remedies of the infringement claims, including the main responsibility of infringement claims and the method of bearing the liability and the disclaimer reason of infringement claims.