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《Intellectual Property》 2018-07
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To Regulate the Inducing Breach of Contract with Anti-Unfair Competition Law

Li Yang;Lan Xiaoyan;  
By inducing breach of contract, a third party induces a party of contract to breach it by non-violent manner such as persuasion, exhortation, etc. whereby the contract cannot be performed. It is necessary to regulate the inducing breach of contract with Anti-Unfair Competition Law, given the lack of industry norms, the relativity of contract and the difficulties in the judicial application of tort law. The inducing breach of contract behaviors constitute unfair competition behaviors when the inducer and the victim are competitors; the contract is established without arbitrary right of cancellation; the inducer performs the inducing behaviors; and the inducing behaviors are unfair. It doesn't limit the freedom of contract to regard the inducing breach of contract behaviors that meet the above requirements as unfair competition behaviors. The theory of efficient breach doesn't justify the inducing breach of contract behaviors.
【CateGory Index】: D922.294
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