论第三人侵害债权的救济措施

On Relief of the Third Party's Infringement of Creditor's Rights

第三人侵害债权的责任的承担方式及范围因其行为方式、侵害权益的差异而不同于一般的侵权责任,而且第三人侵害债权的责任与债务人的违约责任的竞合亦不同于一般意义上的侵权责任与违约责任的竞合。

The way and the scope of the responsibility assumed in the third party＇s infringement are different because the behavior and the interests vary from the general infringement responsibility. Furthermore, the responsibility assumed in third party＇s infringement and the competition and cooperation of responsibility assumed in the debtofs breach of contract are also different from the infringement responsibility and the competition and cooperation of breach responsibility in the general sense.