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Third party against claims system

Author: ZuoJianBo
Tutor: ZhangZuoTai
School: Fudan University
Course: Legal
Keywords: Third party against claims The inviolability of the debt Type and the constituent elements Defenses Liability
CLC: D913
Type: Master's thesis
Year: 2010
Downloads: 159
Quote: 0
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Abstract


The traditional theory of civil law claims exist in particular between the parties , the request for a certain behavior or not the right to a request for a certain behavior . Civil law in the form of basic property rights are property rights and claims , property is an absolute right , its effectiveness and to all non-specific ; debt relative weights , their effectiveness , and only relative to the debtor . This is the debt of relativity theory . Third party infringement claims system is the inevitable product of evolution and socio-economic development of the theory of civil law , which attempts to claims against relief will be incorporated into the law of tort , which caused widespread controversy in the civil law scholars . I believe that the third - party claims against the third party other than the parties to the relationship between debt intentionally prejudice claims , damages the actual interests of the creditors should bear the liability of behavior . It broke through the shackles of debt in the traditional sense of the principle of relativity , given the absolute inviolability of creditor rights . Although our current tort law does not provide for third party infringement claims system , but leave room for development . So in theory study on the system has important theoretical and practical significance . In this paper , from a third party against claims system start in the development of all countries , comparative analysis and historical analysis , combing the basic concepts of this system . And thus the principle of relativity of debt as a breakthrough, inviolability proved their debts , and to make it as a third party against the theoretical basis of the system of debt . All points of view in the second half of the article the author claims against the third party to do the type of research and analysis of the defenses and the obligation way .

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CLC: > Political, legal > Legal > UNIVERSITY > China and France
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