The Third Cases Of Infringement Of Creditor's Rights

General view is that civil law of tort for mainly refers to property rights, intellectual property rights, creditor's rights does not generally regarded as tort contains content,however, as the market's prosperity and progress of the country,the third party infringement of creditor's rights behavior,the civil law theory and judicial practice of developed countries began to explore build system of the third person infringement creditor's rights, to protect creditor's rights of the parties, the system has great positive effect,at the same time,the system of debt's relativity view formed a larger impact,therefore is should establish the system, the parties have different opinions, opposition is larger, the author claims to a third party as an argument, set about from four aspects.First, the first to compare from the various views at home and abroad it is concluded that the meaning of the third person infringement claims, solve the problem of what is the third person infringement of creditor's rights,and then from the Angle of theoretical significance and social significance of the two analysis why should build system of the third person infringement claims.Second, by way of comparison, to the third person infringement claims system were discussed,analysis is introduced in the third person infringement of creditor's rights system in the civil law countries and common law countries, by comparing the insight,to find common ground.Third,on the premise of the analysis before,an analysis of the third party infringement of creditor's rights, first to the third party infringement of creditor's rights,the essay discusses the composition of the system, mainly discuss the \"six elements\",said again to the third person infringement of creditor's rights of case classification,in order to make clear the third person infringement of creditor's rights behavior of the differences between each other, mainly discuss the third person infringement of creditor's rights of way, to distinguish between the third person direct infringement claim and the indirect infringement claims by a third party,and put forward the corresponding to different ways of infringement liability claims that, although in the final analysis the third person infringement claims, but those who can not bear the responsibility, to find relief, ground summary of relief.Fourth article, finally return to our country present legislation and judicial status quo, in view of our country has adopted the tort liability law does not relate to the third person infringement claims system,discuss the third person infringement of creditor's rights legislation in our country reality, analysis our country third party infringement of creditor's rights disputes in judicial trial,the conclusions from two aspects of legislation,judicature, suitable for Chinese characteristics legislative proposals are put forward.