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第三人侵害债权理论于上世纪90年代初期引入我国,因为其理论突破了传统的物权绝对性和债权相对性的观点,一时间很多学者认为这会导致权利逻辑体系的混乱,不宜采纳。但随着社会生活的不断发展变化,并经过学者们的研究阐述,现在这一理论已经基本成为学术界普遍接受的观点。但在我国,由于立法的缺陷,造成侵权责任与责任竞合理论的冲突与不协调,迫切需要改善,以更好地维护当事人的利益。
The theory of the third party’s infringement on creditor’s rights was introduced into our country in the early 1990s. Because its theory has broken through the traditional viewpoint of the absolute of property rights and the relativity of creditor’s rights, for a time, many scholars think that this will lead to confusion of right logical system and should not be adopted. However, with the continuous development and changes of social life and the elaboration by scholars, this theory has now basically become a generally accepted view in academia. However, in our country, due to the defects of legislation, the conflicts and incoherence of tort liability and competing theory of competing cause the urgent need to be improved in order to better protect the interests of the parties concerned.