Research On Interfering Contracting Interest By Third Party

The paper is divided into five chapters except introduction and conclusion.The first chapter is "overview of third party infringement of contracting interests".This chapter first defines the concept of the third party's infringement on the contracting interests.Secondly,it discusses the legal interests of the third party infringement,and concludes that the contracting interests of the offeror and the offeree are infringed.Finally,the time and behavior pattern of the third party infringement are defined.The second chapter is "the legal basis for the protection of contracting interests".Discussion the necessity of regulating the infringement of contracting interests by the third party from the perspectives of private rights protection,the principle of good faith,the freedom of contract,transaction safety and efficiency.The third chapter is "comparative study on the infringement of contracting interests by a third party".This article mainly choose Britain and the United States,Germany and France unfair violations of.the contracting parties to a third person relief way as investigation object,draw lessons from foreign legal science way violate the interests of the contracting to a third person specification,study to take the path of the expansion of contracting negligence responsibility in our country,the path of the tort law system is used to solve.The fourth chapter is "the choice of legal adjustment for the infringement of the contracting interests of a third party".First of all,through the contracting fault liability system,third party infringement of creditor's rights system,the status of unfair competition law research,excluding it as a third party to adjust the contracting interests of the legal basis.Then,it discusses the possibility of contract law and tort law as the legal basis,and comes to the conclusion that the victimized party should provide the remedy way of tort.Finally,the legal basis of the third party's tort liability is analyzed,and the general provisions of tort law should be applied to regulate the third party.The fifth chapter is "the construction of civil liability system of the third person infringement contracting interests".To explore the constitutive elements of the liability for damages caused by third party infringement,from the subjective fault,illegal behavior,ground damage,relief and so on were analyzed,and discussed the third person infringement liability subject and scope of compensation,aims to illustrate how to build a third person violated the interests of contracting system.