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第三人侵害债权是指债之关系以外的第三人明知他人享有债权,采取引诱、胁迫甚至伤害债务人、故意毁坏债务履行标的等方式阻止债务人履行债务并造成债权人损害。第三人能否在侵害债权,学说及司法实践上存在争议。认定第三人侵害债权要从当事人资格、主观方面、侵害对象以及损害结果等方面考虑,类型化的分析同样有助于第三人侵害债权的认定。责任承担上主要以损害赔偿为主,兼顾其它侵权责任承担方式。除一般侵权免责事由外,正当的市场竞争秩序以及职责上的需要得为第三人侵权的免责事由。
Third party infringement claims refers to the third party other than the relationship of the debtor knows others enjoy the creditor’s rights, to induce, coerce or even harm the debtor, deliberately destroy the debt fulfillment, etc. to prevent the debtor from performing its debts and causing damage to creditors. Whether or not the third party can dispute the claim, doctrine and judicial practice. It is considered that the third party infringes the creditor’s rights from the aspects of the qualifications of the parties, the subjective aspects, the targets of the infringement and the damage results. The analysis of the type also helps the third party to infringe the determination of the claims. The main responsibility for the damage to the main compensation, taking into account other forms of liability for tort. In addition to the exemption from the general infringement, the proper order of market competition and the need of the responsibility for the third party infringement shall be exempt from the third party.