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我国从上个世纪90年代开始,就有学者开始对侵害债权制度进行了研究,经过十几年来的发展,在理论上已经逐步完善和丰富。侵害债权制度确立的理论基础在学界存在着债权对外效力说、债权不可侵性说、债权财产权说。本文认为债的相对性理论是建立债权侵害制度的最大障碍,然而突破债的相对性理论建立侵害债权制度却是历史的必然。
Since the 90s of last century in our country, some scholars have started to study the system of claims against creditors. After more than a decade of development, they have been gradually perfected and enriched theoretically. The theoretical basis for the establishment of the system of claims against creditors There is an external validity of claims in academia, which means that the claims are inviolable, said the claims on property rights. This paper argues that the theory of the relativity of debts is the biggest impediment to the establishment of the system of creditor’s rights infringement. However, breaking the theory of the relativity of debts and establishing the system of infringing debts is a historical necessity.