Research On The Third Party's Liability For Inducing Breach Of Contract

Because of the creditor's rights relativity principle in our country,when the third party inducement of breach of contract,the losses of injured creditors can not compensated by the debtors or claimed compensation from the debtors,they can not claimed for breach of contract among the third party to get protection.And now,those creditor's rights are not protected by the Tort Liability Law of our country so that the creditors cannot be held accountable toward the third party.It violates the basic idea of our civil law because creditors may not seek any protection.From the legislation of different countries,the academic theory and relevant judicial practice perspective,establishing the third party inducement of breach of contract system is imminent.This requires to set up a theoretical basis and analyzes its constitutive requirements,behavioral pattern,legal consequence,etc.Comparative analysis,document analysis and positive analysis is used to analyze the third party inducement of breach of contract system.At the same time,this paper made a general introduction to the foreign theories and practice to analyze the responsibility problem of the third party inducement of breach of contract.This paper includes three chapters:Chapter One is the basic theory of the third party inducement of breach of contract responsibility.It first analyses the origin and concept of this behavior,then explained its theoretical foundation from the breakthrough of creditor's rights relativity principle,the in frangible of creditor's rights and the moral condemnation of the third party inducement of breach of contract,finally,combs and analyzes the regulation from civil law system and common law system.Chapter Two is China's current legal provisions and defects of the liability for breach of contract to the third party.The author from China's current legal provisions on third people to lure the breach as the starting point,demonstrates the deficiencies of the existing legislation,and on the basis of the theory of third people the lure of default respectively from the two aspects of contract law and tort liability discuss reality of the legislation.Chapter Three is the improvement of the system of the third party's liability for breach of contract.The author mainly discusses the constitutive elements of the third party's liability for inducing breach of contract,the liability and illegality.Among them,the author analyzes the reasons why the third party should bear the responsibility of the unreal joint and several liability.The epilogue gives the conclusion of the main viewpoints of this paper.