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合同作为资源配置的有效方式,其履行受到各国法律的保护。各主要市场经济国家不仅具有比较完善的合同法规范,而且将干涉合同履行之行为列入侵权行为之列,受侵权行为法调整,有效地保证了合同的履行。本文拟在回顾美国干涉合同法的历史沿革的基础上,分析其理论构成,并对建立我国干涉合同法律制度进行若干探讨。
As an effective way to allocate resources, the fulfillment of contracts is protected by the laws of various countries. All major market economy countries not only have relatively perfect contract law norms, but also interfere in the performance of the contract included in the list of infringing acts, adjusted by the law of infringement, effectively ensuring the performance of the contract. This article intends to review the historical evolution of the law of interventionist contract in the United States, analyze its theoretical composition, and make some discussions on the establishment of the legal system of our intervention contract.