Demonstrating On The Confirmation Of Violating The Creditors’ Right Rules By The Third Person

The traditional civil law is in debt two points as well as tort liability, breach ofcontract responsibility division of labor is a foundation to the construction of civillaw system. The traditional civil law on real right and creditor’s rights definitelydistinguish between the relativity of debt of creditor’s rights are held, excluded fromthe protection of tort law beyond the range of. Do objective to give third morerelaxed activity space, thereby encouraging trade, achieve economic prosperity anddevelopment. But with the further development of market economy, the frequentexchange between market main body, a total increase of debt, on the other handclaims against the phenomenon of more and more serious, so how to relief claims tomaintain the transaction order critical. Want comprehensive protection of creditor’srights, realize third freedom of action and the interests of the creditors of the balancebetween, needs in the existing legal framework to build a third party damage claimssystem, the creditor’s right into the protection of tort law, thereby saving theawkward position, to achieve fairness and justice.This paper discusses the theory of the third party infringing creditor’s rights aremainly in the following five aspects:The first part of the third party infringing creditor’s rights, the legal system ofintroduction. Any legal system establishment are inseparable from the basic conceptsof the understanding. Based on the third party infringing creditor’s rights of theunderstanding of the concept and classification analysis, at the same time, throughthe establishment of constitutive requirements and to examine its exemptions fromthe outside to the inside, so that the third party infringing creditor’s rights graduallyunderstanding the specific content.The second part, the system of the third party infringing creditor value analysis. System of the third party infringing creditor has a profound theoretical basis, andwith the civil law theory of relativity of obligation not to contradict, the two togetherplay a role, more comprehensive protection of the rights of citizens.The third part, using the method of comparative research states are discussedabout the system of the third party infringing creditor regulation.The fourth part, the author mainly on Chinese system of the third partyinfringing creditor ’s legislation present situation and the existing problems areanalyzed, to see the problem in order to solve the problem.In the fifth part, clear from the third party infringing creditor ’s rights,legislative basis in" tort liability law" clearly defined the third party infringingcreditor’s rights the third party infringing creditor’s rights system, clear the standardof compensation for damage to the three part of our system of the third partyinfringing creditor to put forward their views. Sincerely hope that through the aboveanalysis, for China to build a third party damage claims system to provide usefulsuggestions.