The Protection Of The Infringement Of Contract Interests By The Third Party In The Tort Law

The contract creditor’s rights protected by the law of tort is always the problem ofacademic debate for a long time. Because of the influence on the theory of relativity by thecreditor’s rights and the division theory between the Imperium and relative rights, Creditor’srights as a kind of right which do not have the right to publicity Is always out of the scope ofprotection of tort law. Scince the contract creditor’s rights infringement appeared in the caseIn the common law countries. More and more countries spread the creditor’s rights violationsof the regulation. In our country, in some scattered legislation we can see the shadow of thesystem in cases of contract violation claims. But we don’t have the complete system. With thecontinuous development of economy and society, Appeared ACTS of unfair competition andthe behavior of the infringement claims. The construction of this system is of greatsignificance.It’s beneficial to the development of market economy and the protection of theinterests of the creditors.This paper is divided into five chapters. The first chapter mainly discusses the origin andconcept. The second chapter mainly through the introduction of foreign law. Introduces theexploration that in China how can establish the third person contract violation claims system.This chapter mainly summarizes and analyzes the typical representative of the currentregulation of national significance.This paper discusses to the emphasis on the following two chapters content. The thirdchapter tells the story of our country legislation present situation and social situation. Thispaper discusses the necessity of the establishment of legal theory in our country, thetheoretical basis, system value and practical significance. Puts forward to two kinds of theory;positive ideas and negative ideas. Secondly, from three aspects discusses the theoreticalfoundation of the system. Mainly against the privity of contract theory which mainly existingnegative view. And also discussed the nature of the real right about the creditor’s rights andproperty. Finally, combined with our country’s judicial practice, Puts forward the system valueand significance of establish the system. which is beneficial to protect the safety oftransactions, to maintain obligee’s interests, to the improvement of the civil law system andprogress. The fourth chapter mainly tells us about the status of the system, constitutingcondition, the form of liability and liability ways. At first it puts forward the necessity of protection by way of establish system protect contract creditor’s rights. Secondly, This paperdiscusses the the system shall have established the specific elements from the debate raises.Finally, this paper discusses the types of tort liability, distribution method and way of relief.Based on the review, the author puts forward his own conclusions.The fifth chapter, The author puts forward that the protection of contract by the Tort lawcannot be excessive expansion in the field of contract law. It will lead to civil law fieldboundary become fuzzy, and also damage the order of civil law system. We should payattention to the problem when we build the system.