| The current Civil Procedure Law of our country does not have perfect provisions on the third party system without independent claim.There is a phenomenon of excessive application of judicial practice.The case of outsiders are drawn into litigation for no reason and their legitimate rights and interests are damaged from time to time.According to the provisions of the Civil Procedure Law,"there is a legal interest in the outcome of the case" is the substantive standard for judging the third party who does not have an independent claim,and how this standard is applied,the theoretical circles are not unified,and judicial practice is recognized and the application is more confusing.Debt law relationship is the main field applicable to third parties without independent claims.This article is based on the preservation of debts,guarantees of debts,transfer of debts,contracts involving third parties,and non-real joint debts,a typological study of the third party without independent claim,with a view to deepening the specific judgment of the "legal stake" standard.In the first part,the third party without independent claims in the preservation of debts.The nature of the right of subrogation and the effect of the exercise of rights affect the rights and obligations of the interested parties,and thus affect the litigation status of each subject in the litigation.The debtor in the subrogation suit meets the conditions of a third party without an independent claim.In the creditor ’s right of revocation litigation,the defendant ’s and third party ’s litigation status varies depending on the debtor ’s paid or unpaid fraud.If the debtor commits unpaid fraud,it can directly judge that the debtor or the transferee is a third party with no independent right of claim according to the relationship of rights and obligations.If the debtor is a fraudulent act with compensation,the beneficiary can only become a third party without independent claim if he knows the transferee.In the second part,the third party without independent claims in the bond guarantee relationship.The general guarantor and the third party providing the guarantee on the property can become the third party without the independent right of claim.The mixed co-guarantor’s internal right of recovery is an important reason why one guarantor is sued and the other guarantors can become third parties without independent claims in the lawsuit.In the third part,the third party without independent claims in the transfer of debt.The creditor completely transfers the creditor’s right,and the creditor breaks away from the original creditor-debt relationship and becomes a third party other than the new creditor-debtor relationship between the assignee and the debtor,and may become a third party without independent claims.For the exempted debts,the original debtor breaks away from the original debt and no longer bears the debt.The debtor becomes a third party other than the creditor and the undertaker,and can become a third party without independent claims.The general transfer of debts can be applied to third parties without independent claims,and refer to debt concessions and debt commitments.The fourth part,the third party without independent claim in the contract involving a third person.Article 593 and Articles 522 and 523 of China’s "Draft Civil Code" provide for contracts involving third parties.The third party specified in Article 593 should be limited to having legal relationship with the debtor.The legal relationship between the three parties with the debtor as the media mostly occurs in the "continuous" contractual relationship.The debtor’s default is caused by the counterparty of another legal relationship with which the debtor participates,therefore,there are conditions for the application of a third party without independent claim.Whether the contract stipulated in Articles 522 and 523 is understood as a contract for the benefit of a third party,or the third party is understood as an assistant to perform,it is not appropriate to apply the third-party system without independent claims.The fifth part,the third party without independent claim in the non-reliable joint debts.Most of the non-reliable joints are manifested in the form of tort liability,which is divided into two types: the debtor has legal relationship and the debtor has no legal relationship.Several debtors have a legal relationship,and the debtor who has become the defendant is more likely to shirk its responsibility to other debtors that have legal relations with it.Other debtors who have not yet entered the lawsuit are eligible to become third parties without independent claims.Several debtors have no legal relationship,and the third party is involved in the infringement,and the third person with nearly the same degree of fault to the damage may become a third party without independent claim. |
