Third Person Encroaches On Creditor Institution

When Civil Law System is considered from the point of view of the area they affect,they may be divided into absolute rights and relative rights."Absolute rights" refers to ownership, personal rights, etc. Relative rights are obligations. Obligations is excluded from the protection of Tort Law because of the relativity. There are various countries in either Common Law System or Civil Law System accept the third party’s infringement in various degrees. Since there exists a lot of third party’s infringement cases, the protection of creditors’ right is becoming more significant and urgent. However, there does not exist a mature, reliable, flexible Legal System related to the third party’s infringement in China which causing creditors are not able to get reasonable protection for their losses.The core content of civil law is to protect private rights. Additionally, some interests are related with these rights. Therefore, in another word, the essence of protecting rights in civil law is to protect some certain interests that are approved legally. The essence of infringement is to protect the particular interests hiding in the specific rights. The essence of the third party’s infringement is that the interests of creditor are infracted by the third party, which means the losses of the property or interests of the creditor as a result the tort by the third party. Therefore, for building the third party’s infringement system, we should analyze the components of the third party’s infringement based on the protection of the interests as the legal principle basis of the third party’s infringement.From the view of interests’ protection, if the third party’s infringement breached the obligation defined in law, due to a fault, and the particular interests of creditor has been affected negatively, this kind of infringement should be punished. Thus, the third party should take the responsibility of compensating the damages caused by its infringement action based on the principle of fairness and justice, which maintains the sustainable development of societal economy.For establishing the third party’s infringement system, the difference between real right and creditor’s right needs to be identified. The freedom of action cannot be ignored even if creditor’s right needs to be protected. Hence, compared with the regular infringement, the regulation of the third party’s infringement should be set up more stringently. The components are:1.The creditor’s rights should be identified legally.2.The subject is the third party, which is not involved in the obligatory relationships.3.The infringement action should be intentionally taken by the third party.4.The infringement from the third party can be considered as illegal action.5.The loss of property or interests of creditor should be the result of infringement.6.The causal relation should exist between infringement and losses.