Study on the System of the Third Party Infringing Creditor’s Rights
|Course||Civil and Commercial Law|
|Keywords||The third party Infringing creditor’s rights Component parts|
Over a long period of time, the question of the third party infringing creditor’s rights is a controversial issue in the extent of the civil law and the legal practical field, the reason is that this theory challenges the traditional theories of the relativity of the creditor’s right in the system of civil law and the infringement act. In this article , the author begins the discussion from the background of the third party infringement, and draws the conclusion , after analyzing cases of different countries, that infringement has inner effect and extraterritorial effect, with which the relativity of the creditor’s right is revealed on inner effect, while the inviolability of the creditor’s rights reveals its extraterritorial effect, as an expected property interest, the creditor’s right shall be adjusted within the framework of law of torts. However, since the creditor’s right has no typical openings, the author holds the view that balance shall be sought in protecting the interest of the creditor and the freedom of action of the third party; to reinforce this system, it is necessary to strictly control the forming of the third party infringing creditor’s rights, and discuss its components in details. Last but not least, given that there is no specifics definition for the third party infringing creditor’s rights in the legal system in China, the author puts forward reasonable proposals on establishment of the third party infringing in creditor’s rights in the future in China.