The Research On Interference With Contractual Relationship

Tortious interference with contract is the current international trends, the system incorporated into the tort law system is the Civil codification significant section. Contract claims as relative weight, hindering tortious interference with contract system has been recognized by the main theoretical barrier in civil law countries. While in the common law countries its long history. Absolute right and relative right dualistic structure criteria in our country law system is on the classification of fundamental, what from the point of view of the right or power to achieve. So as to form a range of the relative effectiveness of the right to a particular confined between certain people, regardless the status of others. Acknowledge infringement claims system and will not destroy the absolute and relevant rights inherent system for the price.Select this theme is for the purpose of the contract the legitimate interests of creditors are protected by law, preventing interference from the third person outside the contractual relationships, the aim is the damaged contractual claims for compensation, long-term maintenance of the market economic order, promote economic development. This article about tortious interference with contract, expand discussion from four aspects.First of all, the third party infringement contract debt regimes general overview, by statute and case different countries and regions to clarify its meaning, analyze its legal nature.Secondly, on the basis of practical needs, legal basis and theoretical foundation, to explore the construct of the third party claims against the contract system, which indicates that China should build the system to meet the needs of real life and the rule of legal construction.Furthermore, around one third infringement contract debt and liabilities of each of the constituent elements behavior analysis, insights and related jurisprudence of judicial practice, judging comments, and leading scholars associated.Finally, the current contract of third party infringement claims status inquiry system construction analysis, mainly based on the existing draft of the mainstream view and the academic calendar proposed draft Civil Code, by performing the analysis of existing problems and proposing appropriate solutions comments to indicate the author’s point of view.Innovation of this paper, in fact, is the observing problems perspective in my view. On the one hand, seeking the essence of the difference between absolute and relevant rights dichotomy, supporting the theory which claims internal and external dimensions, contract as a creditor of the real benefits can be expected, and as its theoretical basis for the protection of tort law. On the other hand, searching for third party infringement contract debt behavior of legal regulation in our existing legal provisions and judicial practice, to prove the tortious interference with contract’s existing. The last one, the third party’s infringement claims analysis system design part of the amount, the constituent elements directly determine the extent of the legal protection of creditors, including the definition of a third person, the subjective element, the third person tort liability and so on.