Research On Liability Of Third Party's Infringing On Obligatory Right

Since the judgement of Lumley v. Gye in 1853 ,the research of interference in contract right has been more than one century in common law system. And the research on the liability of third party's infringing on obligatory right started from 20th century in continental countries. While until 1990's the study on liability of third party's infringing on obligatory right has set up in China. The rule of third party's infringing on obligatory right breaks the shackles of the principle of contract relativity in its conventional sense, grants the obligee full and all-round protection, and maintains the security of the trade activities in market. It is a new derivative rule from the development of contract law and tort law.In this article the obligatory right in contract is discussed. The author discusses the origin and historical development of third party's infringing on obligatory right, introduces respectively the institution of third party's infringing on obligatory right in common law system and civil law system, and then studies the constituent elements and civil liabilities. This thesis can be divided into six parts .Partâ… ,Introducing the definition of third party's infringing on obligatory right.Partâ…¡,Studies the theories of third party's infringing on obligatory right from 3 aspects, the relativity of obligatory right,the impossibility of infringement, the base of claims.Partâ…¢, Elucidates the system of third party's infringing on obligatory right in legislation of some main countries of common law system and civil law system, such as the U.S.,U.K., Germany, France, Japan and Taiwan District.Partâ…£,Discusses the constituent elements of infringing on obligatory right and some exceptions. The constituent elements contains the third person out of the contracting parties, legal contract rights, intention, illegal behavior of infringing on obligatory right, damage and causality.Partâ…¤, Analyzes the civil liabilities of third party's infringing on obligatory right.Partâ…¥, Establish the liability of third party's infringing on obligatory right in our country's civil law.