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Our Study of Third Person Against the Claims System

Author: ZhangMaoMing
Tutor: ZhaoYong
School: Southwestern University of Finance and Economics
Course: Legal
Keywords: debt third party infringement claims Elements accountability exemptions
CLC: D923
Type: Master's thesis
Year: 2012
Downloads: 14
Quote: 0
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Abstract


Third Party Infringing Creditor is a thanks to history, from the practice by the United Kingdom is the first of its kind to be established in the jurisprudence, lead other countries to make unremitting efforts to learn the system of the study. The system of contract law and tort law to protect the interests of creditors and mutual penetration and integration of the product, is a start from the concept of cause strife continued system, more debt in the traditional sense of the relativity theory is called breakthrough, and deservedly become a controversial topic among traditional civil law. From the practical point of view of the development of the market economy, with the market trading is an increasingly important position in the social life of the debt system confirmed the separation in time and space on the alienation of commodities and commodity value, and confirm the value and use value of the commodity in exchange separation of property from "center to center" use "claims as a dynamic, looking forward to the future of the property rights of people’s lives than the existing property rights more important. Seen that the claims in the modern claims against living in the privileged position of the center of gravity of modern wealth has been steering by the property rights claims,"If we stick to the claims of the relativity theory, disregard the malicious infringement of third party claims, this will be a serious breach of civil law principle of fairness, there are obvious defects. Without disrupting the existing civil liability system based on how relief claims against the third person will be a top priority. For our part, along with economic development and civil relations become more complicated, the third party infringement claims system into the current legal system has become necessary. Personally believe that to maintain the existing civil liability system based on the premise of strict restrictions on third party infringement claims system applicable conditions, the third party acts against claims included in the adjustment range of the tort law is the right choice.

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