Research On Problems Of Liability For Breach Of Contract Due To The Third Party

Although Article 121 of the Contract Law of our country stipulates the liability for breach of contract due to the third party.However,the legislation does not limit the specific scope of the third party or the cause,which makes the academic and practical circles have different understandings and application of the provisions.There is a controversy between abolishment theory and restrictive interpretation theory in the theoretical circle,and the judicial practice is characterized by different judgments in the same case,lacking a unified judgment standard for the debtor's liability.From the perspective of legislative purposes,theoretical opinions and practical value of judicial practice,the theory of restrictive interpretation is more reasonable.For this reason,this paper will adopt the method of restrictive interpretation to sort out a set of reasonable restriction scheme around the application of Article 121 of the Contract Law,and make a concrete analysis of the responsibility of the third party for breach of contract,so as to solve the perplexity of judicial practice.Specifically,it starts from the following two aspects: one is to make a detailed analysis of the involvement of the third party,to clarify whether the "breach of contract" can be attributed to the acts of the third party,if not,it has nothing to do with the application of Article 121 of the Contract Law;if it is determined that the breach of contract is caused by the reason of the third party,it will further determine whether the reason of the third party belongs to force majeure or not.The application of Article 121 of the Contract Law is excluded by the change of circumstances and the special circumstances stipulated in the sub-rules of the Contract Law.Secondly,the scope of the third party is typically studied,which distinguishes government organs,performance assistants,people who have other legal relations with one party and those who have no legal connection with the other party,and the liability for breach of contract caused by the third party's actions in the above different types of scope and the specific legal application are analyzed.