摘要
缔约协助欺诈者相对于有关合同而言属于欺诈第三人。由于两者的欺诈属于共同欺诈故在该合同被撤销后理应由该人与缔约欺诈方一起来向缔约受欺诈方承担民事责任,但该人并不是该合同的一方当事人致使责令其承担缔约过失责任在我国《合同法》上成为不可能。应当将欺诈定性为侵权行为从而将前述共同欺诈定性为共同侵权行为,并在此基础上确认缔约协助欺诈者应当依照我国《侵权责任法》的有关规定与缔约欺诈方一起来向缔约受欺诈方承担侵权连带责任,至于在两者之间如何分担侵权责任份额则应当根据为其分别实施的协助欺诈行为与欺诈行为在对有关合同订立上所起到的作用的大小来确定。
The contracted assisting deceiver is the third party of deception with respect to the relevant contract. Due to the fact that the two parties are deceptive, the concerned party bears the civic liabilities together with the contracted assisting deceiver to the deceived after the contract is revoked. The concerned party is not the interested party of the contract who should bear the negligence liability to the contracted deceived. The deception should be determined as a tort behavior so that its nature is determined as a joint tort behavior. On this basis, the contracted assisting deceiver should bear the tort joint liability together with the contracted deceiver to the contracted deceived in accordance with the Law of Tort Liability of China. The split of the liability between the contracted assisting deceiver and the contracted deceiver is determined by the deceptive behavior of each party and the role each plays in signing the contract.
出处
《新疆大学学报（哲学社会科学版）》
CSSCI
2013年第1期43-47,共5页
Journal of Xinjiang University(Philosophy and Social Sciences)
关键词
缔约协助欺诈者
缔约欺诈方
缔约受欺诈方
侵权责任
the Contracted Assisting Deceiver, the Contracted Deceiver, the Contracted Deceived, Tort Liability
