Inducement Of Breach Of Contract

“Inducement of Breach of Contract”,also named as “Contract Interference”,is a type of infringement of creditor's rights by third parties.The civil and commercial law of our country has not confirmed the institution of interference with creditor's right.It has great theoreticial meaning and practical value for the theoreticial field to study the institution value.The dissertation introduces the independent third people to specially lure other parties to breach the contract through cases introduction.The value of the special inducement of breach of contract institution includes its maintaining the transaction safety and sequence,protecting justifiable competition,guarantying the creditor's licit rights.This dissertation consists of three parts ——Foreword,Main Body and Conclusion.Introduction section.This paper briefly introduces the origin and types of induced breach of contract.The first chapter is the introduction of the case and the court's decision and reasons.The second chapter is about the judgment of the court of first instance and second instance.This chapter takes a court and appellate court as the starting point,through the analysis of the rights and obligations of both parties to resolve the dispute focus of the case at the same time,as the case of counterclaim the plaintiff's request to terminate the contract,therefore,the two aspects of the right of claim from the basis of claim and contract rescission rights and the debtor does not terminate the analysis the creditor's obligation.The third chapter is the analysis of the infringement of this case.In this chapter,the author demonstrates that this case is a joint intentional infringement from the four elements of joint intentional infringement.The fourth chapter discusses the solution mechanism of this case.In this chapter,the author analyzes the mechanism of the inducement of breach of contract from the perspective of substantive law and procedural law.Conclusion is a summary of my views and feelings of the inducement of breach of contract.Writing methods and writing ideasIn this paper,the method of historical analysis and claim analysis.In the second chapter,the chapter focuses on the use of the right of claim,and the other chapter focuses on historical analysis.In the aspect of writing ideas,this paper mainly uses deductive method.