On The Constituent Elements Of The Third Patry Infringement On Creditor’s Right

The legal system of third party’s infringement on creditors has been establishedas an important civil liability along with the changing legislation and theories in themajor two legal systems since the mid nineteenth century. It is not so explicitlyincluded in the Tort Liability Law that the creditor can only ask for the defaultliability,instead of being entitled to be paid by the third party when a third party’sinfringement on creditor happens. Under these circumstances, rights of the creditorwill not be covered completely.Throughout the process of globalization, individuals are experiencing growingdependence on one another. Free competitions will be more intense than before whereunfair competitions and monopolization have continually arisen all the while. Onebelonging to the third party is always fishing for infringing the rights of creditors inthe need of fulfilling the self-interest goals. In order to check the balance of socialinterest and maintain the market in good order, it is urgent and necessary forlegislators to valid the system of the third party’s infringement on creditors. thewriter of this thesis will analyse this argument from varied aspects, from theconstitutive requirements, the theoretical basis to the necessity and feasibility ofdamages of this system.As for the system of third party’s infringement on creditors, the third party isnot counted in the legal relationship between the creditors and debtors. However,under some scenarios, agents knowing the content of contracts between the creditorsand debtors may infringe the rights of creditors at ill will, where the agents will beone deemed as a third party. Indirect infringements on creditors are common that inmost cases the third party in collaboration with the debtor infringes the rights of thecreditors. Being a kind of expectant property interest, Creditor’s rights legal andvalid which do not include the illegal ones are definitely to be protected by the CivilLaw. The third party’s infringement is not that kind of direct personal injuries orproperty losses, but an vicarious damage on the creditor’s rights, whose losses will only be limited to the economic losses. To achieve this goal, we need to focus on therecognition of casual relationships and the determination of subjective fault so that wemay keep a balance between the rights of victims and the freedom of injurers.