Research On Tort Liability Of Third Person Infringing Creditor's Rights

The United Kingdom first proposed the concept of "third party infringement of creditor's rights".The United Kingdom is a case law country,so the country has made the third party's theory of infringement of credit rights play an important role in the historical development process.The American theory of interference contract has been influenced to some extent by British classics,and on this basis,more perfect theories and systems have been developed through the form of precedents.Due to the limitations of the traditional civil law framework and thinking in the civil law system,China's research on third-party infringement of creditor rights is still at the stage of exploration.For a long time,my civil law academic circles have disputed the third party's infringement of creditor's rights,but most civil law scholars advocate the establishment of a third-party infringement credit system in China and its inclusion in the Tort Liability Law.Regrettably,the legislature did not adopt the above viewpoint when formulating the Tort Liability Law,but the phenomenon of third party infringement of creditor rights has already appeared in judicial practice.With the opportunity of this Civil Code,this article once again proposes to include the system into the Tort Liability Law.The article consists of four parts:The first part discusses the connotation definition,theoretical controversy and the necessity of remedying creditor's rights in modern tort law.Solving the basic allocation problem of the theory and practice of third party infringement of creditor's rights,this issue is the premise and basis for the existence of third party infringement of creditor's rights system.The theoretical basis configuration is discussed from the theoretical breakthrough of the relative nature of debt,the inviolability of creditor's rights,and the principle of public order and good custom.It seeks theoretical support for the protection of tort law of third party infringement of creditor's rights.Practical infrastructure includes legislative practice and judicial practice.The third part compares the third party infringement credit system between the civil law system and the common law system.The two major legal systems have made breakthroughs in the theory of relativity of debt.The third party has infringed on the creditor system or the interference agreement system.The recognition of the two major legal systems has a significant discriminatory effect on the institutional construction of the tort law protection of third-party infringement claims in China.The fourth part,combined with the first three parts,constructs the third party's infringement credit system,including the constituent elements,exemption reasons,responsibility,and tentatively drafts relevant laws in the compilation of the Tort Law of the Civil Code.This article adopts six essential elements in terms of constituent elements;the excuses for infringement of creditor rights include performance of duties,proper competition,and good faith advice;in the specific types of third-party infringement claims,the enumeration method is advocated,including the infringement of the subject matter of the creditor or the debtor.The personal rights cause the debtor to perform,and induce the default and malicious conspiracy.