论诱使违约的民事责任

On the Civil Responsibility of Inducement of Breach of Contract

近年采,司法实践中诱使违约的案件日益增多,法院在审理中存有不同意见,其争议涉及诱使违约民事责任的承担及其 免责事由等问题。在处理诱使违约案件中,应灵活运用不真正连带债务理论追究债务人的责任;同时在特定条件下,第三人也可以基 于一定的抗辩事由而免责。

In recent years, as the cases of inducement of breach of contract increases, courts have different opinions concerning undertaking and exempting of the civil responsibility aroused thereof. In handling such cases, we should be flexible to use the theory of non-genuine joint and several debts to look into the debtor ' s responsibility. At the same time, the third person's responsibility can also be exempt based on certain counlerplea content.