On The Third Person Against The Claims

The third person violates the creditor's rights system, is the modern creditor's rights system and the right infringement system development product. It jumps out the narrow contract principle of relativity the tradition to know that, entrusts with the creditor's rights not to be possible to invade the nature by the right, nationality this gives the creditorby completest and the full protection,it had the foreword disposition for the market essential factor under the legal guidance to provide the essential condition. Our country present civil legislation not yet realizes the third person in the whole to violate the creditor's rights system the legislation, but the judicial practice request establishes the third person to violate the creditor's rights systerm imperative, but violates the creditor's rights to the third person the nature, the constitution important document, the concrete shape, the potency exempts the responsibility matter, the responsibility undertakes question still remaining and so on way at many arguments, The educational world it may be said Each person has own view. Therefore, discusses its system value to have the extremely significant theory and the practice significance.The author has utilized the comparison research in this article, the historical analysis, legal science research technique and so on legal explanation, legislates actual with from our country embarks, Through violated the creditor's rights system to the third person the historical inspection to violate the creditor's rights to the third person the elementary theory and the constitution important document has carried on the analysis. The article has the introduction and the main text two parts of compositions, the main text including four parts:The first part, the third person violates the creditor's rights the elementary theory analysis. This part is the entire article foundation and the upholstery. First, analyzed has established the third person to violate the creditor's rights system the social basis, Next analyzed has established the third person to violate the creditor's rights system the theory basis, whether became the abuse of authority about the creditor's rights the object, the academic circles has the very great dispute, the author through to definitely mediates the discrimination which the denial said, proposed own viewpoint: (1) the creditor's rights are may become the right infringement object. (2) the third person violates the creditor's rights not to be able to receive "the social typical openness" the influence. (3)anticipated the benefit may encroach. (4) the creditor's rights should be one kind of property rights, has the property the content. Forms the author to violate the creditor's rights rational to the third person understanding .Finally carries on the third person to violate the creditor's rights the economic analysis, the utilization law economic analysis theory, explained from equilibrium and the efficiency first angle the third person violates the creditor's rights the system value.The second part of third person violates the creditor's rights the origin and the international comparison. Using the comparison analytic method, separately from the mainland legal system and the English America legal system two angles of view ,the third person which to the French law, the German law of the land ,the Japanese law, the Taiwan law, the English law and the American law involves violates the creditor's rights aspect the concrete legal precedent and the theory performs to study, draws the conclusion, In the world the majority country through the legislation, the theory, the legal precedent and so on each kind of form violates the creditor's rights system to the third person to confirm. The third person violates the creditor's rights to conform to the tendency which the legislation and the society develops, further proves this system the rationality.The third part violates the creditor's rights to the third person the constitution important document analysis. The creditor's rights have the relativity as well as the creditor's rights lack the nature of the social model to be public, had decided the third person violates the creditor's rights behavior the constitution important document to have the certain particularity. The author thought the third person violates the creditor's rights the abuse of authority constitution important document to have to best ricter. Therefore, the third person violates the creditor's rights the constitution important document to be supposed to include: 1. the behavior person must be beside the creditor's rights relations unspecific third person; 2. the third person of subjective aspect is an evil intention; 3. the implementation violates the other people creditor's rights the behavior, Including direct violation creditor's rights and indirect violation creditor's rights; 4.creates the harm to creditor's rights; 5. between the violation behavior and the harm consequence has the causal relation; 6. the creditor's rights which violates is the legitimate creditor's rights.The fourth part of third person violates the creditor's right s responsibility undertaking. The third person violates the creditor's rights and the debtor breaks a contract often interweaves in the same place, The author must specifically analyze in each kind of situation the third personviolates the creditor's rights the responsibility to undertake the way, third person alone to under take the violation creditor's rights civil liability, third person and the debtor undertakes the debt responsibility together, third person and the debtor undertakes the untrue joint and several liability.