Third Party’s Infringement Of Creditor’s Right

Creditor’s right is a basic civil right which should be protected bylaw.However,in the current civil law system,the Obligation Law only concerns theadjustment of internal relationship,while the Tort Law only concerns the protection ofreal right.When infringement occurs, the creditors’ benefits can hardly be protectedsince there’s no legal provision supported.In the article,the author apply the lawresearch methods such as historical research,comparative analysis and so on.Fromlegislation and judicial practice of most countries,the author make a specific study onthe theoretical basis of the third party’s infringement on creditor’s rights.On thebasis,the author make several legislative propositions.With the development ofmarketing more infringement will occur,study on is has an important theoretical andpractical significance.The paper consists of three parts-introduction,text and conclusion.In the part of introduction,the author firstly briefly introduce the ObligationLaw and the fact that infringement of debt occurs more frequently.Seconds,the authoranalyses the necessity and feasibility to establish the system of third partyinfringement of the creditor’s right.The text includes four chapters:In the first chapter,the author takes a comparative review on the system of thethird party’s infringement on creditor’s right.The article introduces the development of this system in Anglo-American law system and Civil law system.The author alsodiscusses in detail of the theoretical basis for China to establish the system of the thirdparty infringement on creditor’s right.The legal components of third party’s infringement on creditor’s right systemare disussed in the second part.In the author’s opinion there are five legalcomponents.1.The subject of infringing creditor’s right must be a third party who hasnothing to do with the debt between the creditor and the debtor;2.The subjectivecondition is intent;3.Objective component.All of the legal and valid credits;4.Thebehaviors of infringing creditor’s right exist and are illegal;5.The benefit of thecreditor is damaged.In the third chapter,the civil liability and contradiction reasons are discussed.Theauthor divides the civil liability into two varieties according to the fact that whetherthe debtor has got in touch with the third party,and gives a detailed analysis at thesame time.The contradiction reasons of the third party are rightfulcontest,advice,official duty and contracts which can be terminated at any time.Chapter four several author’s thoughts of legislation.We should establish thelegal system of infringing creditor’s right.First,the author draws a conclusion that it isnecessary to set up the legal system of infringing creditor’s right after analyzing itstheoretical and practical value;Second,the author gives her own legislative assumptionon analyzing the feature of social relationship which Contract Law and Tort Lawadjust;Last,the author points out that we have legislative basis in our present legalsystem which can be used by our judicial practice.