Study On The Accountability Of The Third Party Infringement On The Creditor’s Right

Claims exists between the parties may request a specific act or for a certain behavior does not claim to be the traditional theory that the creditor is a relative right. The creditor can request the debtor to perform his obligation, when the debtor defaults, the creditor can only debt of the debtor relationship and not to others claim unexpected liability for breach of the principle that the relative debt. With the increasing development of the market economy, the third party claims against the phenomenon is emerging in many cases based only on breach of contract. Not make claims to be a strong protection against third party claims system is the relative weight of the traditional civil law theory and the principle of the relativity of the contract as a breakthrough will demand compensation for the creditor to the main debt to expand beyond the third person, the effectiveness of the expansion of the contract and claims the protection strength. Modern countries are no longer strictly adhere to the principle of relativity claims, but through legislation, doctrine, jurisprudence gradually the system of third party infringement claim is recognized.This second part of the system of third party claims against the structure, the first analysis of the system of third party claims against the value and significance. The effectiveness of its expansion of the scope of debt, will give the property claims of the effectiveness of the protection methods, making claims in the protection of a certain effect on the world, in being infringed can get adequate relief, the relationship between benefit claims the realization of stability and debt. Debt in the market economy status has improved, giving a more adequate protection claims, but also the inevitable development of modern market economy requirements. This system is designed to allow parties to select the breach of contract or tort liability remedies to improve the status of claims and gradually incorporated into the law of tort within the scope of protection, making the tort law system more complete. Infringement of third party claims infringement of this special kind of state of the constituent elements should be the actors against claims, claims against the subjective actors, against the claims of specific acts of infringement claims and the specific implementation of the harm caused by damage to the facts of behavior and causal relationship between the five aspects, in particular on the need to identify the difference between attention and general tort.The third part:focuses on the claim of a third person against the specific accountability issues, including creditors, when accountability is at fault and the creditor is not at fault accountability. The conduct of a third party caused damage to a creditor’s claim, but the debtor no fault for causing the damage, it shall be assumed by a third party tort liability alone. Damage not only by the third generation of malicious infringement, but also caused by the fault of the debtor, the debtor and creditors should jointly bear tort liability. The type of infringement in the lure of default, the debtor constitutes a breach of its faults, the creditors should bear the liability for breach of contract damages; third party claims against the acts of its creditors should bear the responsibility for damages against the creditor. In dealing with third party against sole responsibility for the allocation, and contractual liability to pay attention to, unfair competition and unjust enrichment liability differences and connections, pay attention to coordination of these different stakeholders on the design of the system of distribution in the accountability.In the fourth part, the legislation establishing the third party infringement claims on the expert advice to sort out the system and comparative analysis that claims to give more protection to the urgent need for hope in the "Tort Liability Act," Construction of a third party under the framework of claims against the system, making the theoretical level of practice and legal aspects of the response. Construction of the third party claims against the credit system, not just a theoretical breakthrough of relativity, but also conform to standardize the market economic order, to a greater extent on the maintenance of the security of transactions, but also the effectiveness and content meet the debt trend of gradual expansion, to safeguard the legitimate operation of the market economy and free competition, and then effectively implement the trade balance to each other’s interests and legal justice.