Study On A Third Party’s Infringement Upon Contracting Relations

This paper analyzes the contract has not concluded, both parties in the contractingrelations, was the third person disrupt case, through the summary to the existing law, judgethe current situation and not for this perfect protection measures, and analyzes and concludesthat in tort law shall be under the framework of the third person to governing, protect thecontract concluded the interests of the party.This paper is divided into three parts:The first part is the study of the law benefit concluded contract, which is divided intothree parts, analyzes the contract concluded have worthy of protection interests of civil law,the benefit is has been protected by the current law, if not by what should protect the civil lawfield. On the first argument, through the macro and micro level of analysis, a visit to theChinese and foreign many theory, contract concluded that there is a trusty interest, byproperty interests and opportunity benefit form; For the second point, through to the currentcivil law examination, especially to the contracting negligence liability and the third person ofthe creditor’s rights violated the examination, think that at present our country civil law and noclear protective methods; For the third point, through the share of the profit further, that itshould be in the tort law within the system to protect.The second part is the study of foreign for the third person hamper concluded contractprotection, which is divided into two levels, the first level examines the common lawcountries for the protection of this phenomenon, the second level examines the mainland legalsystem country for this phenomenon’s protection, through to the two common representativeto the law of the country and case analysis, summarizes the other countries of the system andits reason, so as to give us the national related system construction to give reference.The third part is the study of how to construct our country’s third person disrupt contractconcluded system, according to the principle of tort law, from the time span, subjective fault,behavior, imputation principle, damage, causal relationships, without prejudice to the sevenanalyzed, and combining with the actual situation in our country was perfect.