论诱使违约的构成要件

On the Inscape in Inducement of Breach of Contract

诱使违约是第三人侵害债权的一种典型形式,要追究第三人的侵权责任,其核心问题在于界定诱使违约责任的构成及要件。诱使违约的成立应当包含六个要件,即合法合同债权、合同关系外第三人、主观故意、非法引诱行为、违约行为发生和因果关系。

Inducement of breach of contract is a kind of typical form of the third person's infringing upon the credit, in which the key problem to looking into the tort responsibility ol the third person lies in limiting the form and content responsibility of inducement of breach of contract. The forming of inducement of breach of contract should contain six important documents, namely, legal contract creditor' s rights, the third person outside of contracting party, intention, illegal luring, the behavior of breach of contract and causality.