Study Of A Third Party Infringement Claims System

The system of the third part infringement on creditor's rights means that the individuals apart from the contracting parts in order to infringe the interests of the creditors that carrying out the behavior that violating the customs. This system break the traditional principle of the relativity of creditor's rights ,since the roman law established this principle that have been observed by most of the countries in the world .The traditional viewpoint maintained that the right of creditor dose not have the publicity so that it dose not have the relationship with the third part .but, with the society developed, the relationship between individuals become more complicated ,so that the phenomenon of the third part infringement on creditor's right is more and more , and this theory grants the obligee full and all-round protection and maintain the securities of trade activities in market ,so we must make a break through to the traditional theory .In a word ,the third part infringement on the creditor's right is a theory of considerable magnitude.The author studied the achievement of the predecessor, and do the further work. This paper first analyzes the concept, emergence ,practical meanings of this theory. The author discusses the basic theory on this system of the third part infringement on the creditor's right ,and also discusses the constituent elements of this theory ,and some exceptions. The author partition the paper into six parts.Part one: introducing the definition of the third part infringement on the creditor's rights , The system of the third part infringement on creditor's rights means that the individuals apart from the contracting parts in order to infringe the interests of the creditors that carrying out the behavior that violating the customs. In this part, the author also concisely introduce generating and developing process of the theory.Part two: in this part ,the author analyzes the theoretical basis of the system ,I abandoned the traditional view that the predecessor maintained, namely, that the creditor's rights can not be invaded .The author considers that the true foundation of this system is the self-effectiveness of the creditor's right. Only in way , can we harmonize the relationship between the third part infringement on the creditor's rights. Part three :in this part , Discusses the constituent elements of infringing on obligatory right and some exceptions. The constituent elements contains the third person out of the contracting parties, legal contract rights, intention, illegal behavior of infringing on obligatory right, damage and causality. It also introduces three kinds of exemption.Part four :in this part , the paper mainly discusses the remedies for the obligee. The motive that we want to established this system is given creditors the all-round protection. This article divided the conducts into direct infringement and indirect infringement. It also introduces the characteristics and conditions about those two forms of infringement in detail.