Confirmation
of Whether the Behavior of Paying Off by the Third Party Caused by Distrian of Bill by Freight Forwarder Constitutes Coercion
or Improper Acquirement of Profits without Lawful Basis
The behavior of
“distrain of bill” lawfully conducted by freight
forwarding company is a relief means to fight against the breach of
counterparty to a freight forwarding contract, which can prevent from
illegality. The behavior of “distrain of bill” is not
conducted against the party beyond the freight forwarding contract
relationship, even if the commercial interests of the party is affected
objectively, but the behavior does not constitute “coercion” to the party
because it has no intention or illegality.
When a third
party pays off a debt that he knows that it is not his own, he pays off the
debt of others to the creditor by himself, which is the “debt payment by the
third party” of improper acquirement of profits without lawful basis of three
parties. When the debt is legal and effective, though the creditor acquires the
payment, the creditor’s rights is not terminated, the creditor does not acquire
extra profits, so the creditor does not acquire profits improperly without
lawful basis.