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我国司法实践中存在着大量涉及第三人的合同,原则上强调合同的相对性,合同关系以外的第三人不享有合同权利也不承担合同义务。但在第三人原因造成违约时,实务处理中对第三人的原因范围如何确定,如何处理与侵权责任的关系等,由于相关法律规范较为简单,学界存在较多争议。因此有必要对这一问题进行全面梳理,明确相关的责任处理问题,以彰显现代合同法自由与秩序理念,完善合同制度。
There is a large number of contracts involving third parties in judicial practice in our country. In principle, the relativity of the contracts is emphasized. The third party other than the contractual relationship does not enjoy the contractual rights and does not undertake the contractual obligations. However, when the third party causes the breach of contract, how to determine the scope of the reason for the third party in the practical handling and how to deal with the relationship with the infringement liability, there is much controversy in the academic circle due to the relatively simple legal norms. Therefore, it is necessary to comprehensively sort out this issue, clarify the related responsibilities and deal with the problems, so as to demonstrate the concept of freedom and order of modern contract law and improve the contract system.