Research On The System Of The Third Person's Infringement On Creditor's Rights

The relativity of credit, as the principle of civil law system, has been entrenched in most countries with continental law system since the period of the Roman law. The interests of creditors are protected only by the liability for breach of contract. While they are treated as absolute right in tort law collocated with contract law in total law system. However, along with the social economy development and complexity of trade, new infringement behavior emerges endlessly, especially third party infringement claims. In practice, this act brings serious consequences for creditors. On various occasions, the interests of creditors can not be guaranteed only by contract law, which disturbs the order of the market economy. So, the system of the third party's infringement on creditor's rights began to develop in many countries in the late 19th and early 20th century, which caused many controversial.This paper discusses the development of the system in every country, reasons which support the system, the components, liability forms and compensation range based on the predecessor's research. At last, the paper will put forward some own opinions.