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Research On Legal Responsibility Of The Third Party Lure To Breach The Contract

Posted on:2017-05-18Degree:MasterType:Thesis
Country:ChinaCandidate:J L RaoFull Text:PDF
GTID:2296330488966711Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The independent third people outside the contract uses illegal means to lure one party to breach the contract, which hurt the legitimate rights and interests of another party of the contract. Although the independent third people’s lure behavior is not the direct reason of damage of creditor’s rights, the independent third people lure behavior does have close connection with damage of creditor’s rights. Because of the restrain of traditional contract relativity theory, when on party of the contract meets this type of problems, they only can, based on contract, claim breach of the contract, while they cannot require the independent third people to undertake other legal liability. As the development of economy and diversification of contract relation, if we strictly cling to the principle of relativity of contract, and indulge the independent third people’s illegal behavior as well as do not investigate their legal liabilities, creditors’ losses will lack redress ways, and on another side, the situation will indulge the independent third people’s lure behavior, which will make the illegal behavior happens more and will damage the security and stability of market transactions as well as have negative influence on efficient of market transactions. This situation will finally lead to the damage of normal market transactions and will hinder the development of economy. Based on the present situation, the dissertation introduces the independent third people to lure other parties to breach the contract in China through cases introduction, and introduces the concept and characteristics of the phenomenon. The dissertation also discusses the independent third people who lure other parties to breach the contract should undertake which kind of liabilities, and analyze the liabilities, basis and obstacles. Based on the analyses, the dissertation concludes that the independent third people should undertake unfair competition liability. Finally, the dissertation will put advice on how to solve the unfair phenomenon.
Keywords/Search Tags:inducement of breach of contract, Efficient breach of contract, unfair competition, liability undertaken
PDF Full Text Request
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