Legal Regulation On Interfering Contracting Relations By Third Party

Interfering contracting relations by third party refers to the third party intentional interferes with contracting relations and make the contract can not be set up. In this way, contracting interest of contracting parties is damaged. Contracting interest refers to the contracting opportunity between parties and the cost for entering a contract in the process of contracting. When the third party interfering contracting relations and the contracting interest was damaged, contracting interest should get the legal protection as well as other legitimate rights. The loss of contracting interest can be included in the pure economic loss. Legal regulation on interfering contracting relation by third party protect the contracting interest and is required by the principle of good faith. It is conducive to protect the freedom of contract and transaction security. In PRC current legal system, there is no legal regulation on the third party interfering contracting relations. Therefore it is legitimacy and has its unique value to regulate the third party interfering contracting relations in law. Comparing and reference to the interference with contract or prospective contractual relations of Anglo-American law system and the legal relief of pure economic loss in continental legal system, the paper analyses relevant laws to rule out the application of contract law in interfering contracting relations by third party and choose the tort law to regulate the interfering contracting relations by third party that will make up the loss of contracting interest for the party. It tries to configure the civil liability of interfering contracting relations by third party, including the component, the responsibility subject and the extent of compensation, to balance the interest of all parties and society. The system also maintains the stability and orderly of the market transaction and the long-term development of market economy.