Study On The Contract For The Benefit Of The Third Party

With the development of market economy, commercial society gradually formed. Only with participation of the third party, more transactions can be achieved. So contract for the benefit of the third party be gradually acknowledged by people. At present, the legislation of some countries in continental law and Anglo-American law is comparatively perfect. Contract Law does not have general provisions except some particular laws. Therefore our country must speed up the establishment of contract for the benefit of the third party, in order to adapt to the needs of market economy and realize the perfection of our country's legal system.The main text is divided into three parts, specific as follows:The first chapter, mainly introduces principle of privity and the contract for the benefit of the third party. The chapter consists of three sections. First section analyzes briefly theory of principle of privity in continental law and Anglo-American law. The second section introduces the process of development of contract for the benefit of the third party in continental law and Anglo-American law. The third section discusses the function of contract for the benefit of the third party. Because of the unique value function of contract for the benefit of the third party, both continental law and Anglo-American law approve it in a certain extent.The second chapter mainly discusses the general theory of contract for the benefit of the third party. The chapter consists of three sections. The first section introduces the concept of contract for the benefit of the third party. As contract for the benefit of the third party is similar with many systems and concepts, author compares it with other concepts for better understanding of it. The second section discusses the structure of legal relationship of contract for the benefit of the third party. It includes a basic contract and a promise for the third party beneficiary. In addition, the section introduces reason relationship of contract for the benefit of the third party, including compensation relationship, consideration relationship and payment relationship. The third section focuses on the effect of contract for the benefit of the third party. Firstly, the effect of the third party beneficiary is analyzed in three aspects, which include the confirmation of the third party rights, the content of the third party rights and the obligation of the third party. Then, the effect of the Promisee and Promisor is respectively discussed.The third chapter analyzes the status of legislation of contract for the benefit of the third party and puts forward some suggestion of legislation. The chapter consists of three sections. The first section discusses article 64 of Contract Law and put forward views that it does not confer any rights upon the third party. The second section introduces the stipulation concerning contract for the benefit of the third party in particular law of our country. The third section offers some proposals about the design of contract for the benefit of the third party. It should be prescribed in future civil code of China. Meanwhile,civil procedure law should also have corresponding provisions.