The Basis Of The Interpretation Theory Of Third Party's Infringement Of Creditor's Right

According to the conventional Theory of relative creditor's rights,the way to protect creditor's rights has always been to hold the debtor accountable for break a contract.this year,rapid economic development,cases in which third parties damage Creditor's rights of third parties through malicious behaviors have occurred from time to time,The damage to the rights and interests of the obligee is very serious.It's hard to protect legal rights and interests of creditors by suing the obligor for breach of contract.The theory of third party infringement of the creditor's rights system came into being under this background.The promulgation of the "Civil Code" adopted a completely general and abstract approach to the provisions of the tort liability protection object in Article 1164 of the Tort Liability Title,the creditor's rights should be included in the scope of tort liability protection and confirmed,it provides a legal basis for the establishment of a third party infringement of creditor's rights system.However,the system has always been subject to many controversies in theory that affirm or deny the system theory.This article will analyze the theory of negation and affirmation,based on a deep understanding of the existing theoretical dilemma of the third party infringement of creditor's rights,discuss the reasonable existence of third party infringement of creditor's rights,and specifically analyze specific applicable rules for the third party's infringement of creditor's rights in the era of civil code.In addition to the introduction and conclusion,there are three chapters:The first part mainly explains is to analyze the legal basis for the regulation of third party infringement of creditor's rights.First of all,it is argued negatively that in the era of "Tort Liability Law",the third party's infringement of creditor's rights is excluded from the protection scope of tort liability through the method of enumeration exclusion.Secondly,the positive affirmation argument in the current era of “Civil Code”Tort Liability" has adopted the method of abstract inclusion to affirm that the creditor's rights should be protected by tort liability.Finally,through the discussion on whether the third party's infringement of creditor's rights is included in the scope of the Civil Code,it is affirmed to be incorporated into the civil code.The second part is the analysis of the traditional theory of third party infringement of creditor's rights and its predicament.Traditional theories have always had affirmative and negative disputes about the third party's infringement of creditor's rights,which has caused a certain theoretical dilemma for the existence of third party's infringement of creditor's rights.Finally,regarding the rationality of the theory of thirdparty creditor's rights,it is explained by restricting the legal structure of third-party infringement of creditor's rights.The third chapter is mainly interpret the specific applicable rules of the third party's infringement of creditor's rights in the era of civil code.The tort liability is reincorporated into the law of obligation so that the system can be restored.The Civil Code discusses the specific applicable rules of the third party's infringement creditor's rights liability system with a general-divided-responsibility structure.At the same time,There are various types of infringement of creditor's rights by the third party.The discussion of its specific applicable rules,you should classify it according to different standards,and analyze the applicable rules of third party's infringement of creditor's rights from this perspective.