Abstract: T he third encroaching on treaty -making widely exis ts in s ociety .The objects a re legal interes ts of anticipation possess ed by plaintiff and the biparti te legal relation in the process of treaty -making .The principle of tort l iabilities, es pecially the mode of Germany law, is applicable to th e infringement .Even though, the third encroaching on treaty -making dif fers from general infringement, which leads to its particular cons t itutive requirements : willful wrongdoing ; fact of violation of law ; pureec onomic loss and exis tence of caus ality .In tort action, the burden of prooftests on the plaintiff.