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On the third person against the claims system

Author: ZhangJingTong
Tutor: LiuBaoYu
School: Shandong University
Course: Legal
Keywords: Third person Infringement Claims
CLC: D913
Type: Master's thesis
Year: 2005
Downloads: 171
Quote: 2
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Abstract

The third person against the claims system is late nineteenth and early twentieth century development, contract law and tort law to protect the interests of creditors and mutual penetration and fusion. It broadens the scope of protection of the rights and interests of the tort law, strengthen civil law protection of the interests of creditors. But so far, the world is no clear law bars directly regulate the acts of infringement of claims. In real life, there are a lot the third into infringement claims phenomena, an urgent need for legislation to be regulation. The so-called third party infringement claims, two law systems due to the differences in legal traditions, is not consistent with its title. Called \Our jurisprudence pass that called third party infringement claims. Although the title is different from each other, but not very different in its basic meaning. Is generally believed that the third party infringement claims third person other than the relationship between debt intentionally intended against creditor claims and damage caused by infringement. Compared with the general tort, it has two characteristics: First, the subject is the third person other than the creditor and the debtor: Second, the object as the relative rights of creditors. In order to more clearly understand the Third Party Infringing Creditor system, Section III will be in the first chapter, and a third person against the conclusion of the contract as well as the third person to cause breach compared to identify subtle differences between the relevant systems, which The clear third person against the real meaning of the claims system. The second chapter analyzes the third person against the claims system established two foundations. One of the foundations is a the debt relative of a breakthrough. Prior to this, the social and historical conditions determine the relative debt more reasonable debt relative exclusion of third party infringement claims; late nineteenth and early twentieth century, the economic, social awareness and law thought development, prompting the laws reflect the spirit of the times, breaking debt relative to established third party infringement claims system. Based on two claims violations object. This article attempts from the analysis of the system established by the Third Party Infringing Creditor Ought claims and tort interrelated. (A) from Roman law to modern civil law, claims only or primarily as a method of obtaining property is in the status of the \creditor not only by payment of the debtor's debt and enjoy an expected benefit, and creditor claims also enjoy the reality of the economic interests, for example, obtain loans from creditor to creditor pledge real economic benefits are generally not subject to the debtor against it infringe the main source from a non-specific third party, the relief means also abide by the breach of contract is clearly not enough. need protection claims, tort liability mechanisms must be introduced to protect the absolute protection of personal rights, intellectual property rights, the only way creditors interests in order from infringement. (b) the nature of rights in accordance with the present through that, \addition to the claims of \(c) third party infringement claims and damage results, the creditors only to the debtor filed a breach of contract complaint and can not infringement complaint filed to the third person, it may appear

On the third person against the claims system

Abstract

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