Study Of Questions On The Contract Concerning The Third Party

Among the contract theories, the doctrine of privity ofcontract is the great backstone of contract theory system. Eversince the Roman law, it has been observed seriously by the twolaw system. With the development of modern economy from 19thcentury, transaction always involves many people under themodern trade system. The market relationship with the contractas a link has got unprecedented extensiveness and intricacy.The traditional doctrine of privity of contract cann't meetthe needs of modern society, and abiding the doctrine sometimeswill result in unequality. So the contract concerning thirdparty came into existence with the need of reality.The dissertation gives an outline of the historicalprogress of contract concerning third party of the two lawsystem with the historical analysis method and comparativeanalysis method. As to the continental law system, the contractlaw of many countries show great tolerance to the contractconcerning third party. Many countries have set down relatedcontract regulations concerning third party in their civil law.While of Anglo-American law system, they didn't admit thecontract law concerning third party, especially Englishcontract law didn't admit until the Contracts 1999 Act. Butthe contract concerning third party was established in American law much earlier. The contract concerning third party has beenaccepted in order to fulfill real justice. And its own valueand functions have been put into importance.The dissertation analyzes two kinds of contract concerningthird party that is contract for the benefit of third party andcontract of third party liability. Through analysis of thecharacteristics, basic law relationship, and indispensableconditions of such contract, we conclude that the key point ofthe contract for the benefit of third party is that the thirdparty can enforce a term on contract in his own right in orderto obtain the promised performance. As to the contract of thirdparty liability, its binding effect still hasn't beenconfirmed yet. As to the controversy for the item 64 and 65 ofthe Contract Law has got a conclusion that they aren't theregulations about contract concerning third party, but aboutperformance regulations concerning third party. So thedissertation proposes that systematic and comprehensive systemof contract concerning third party should be formulated inChina in light of international legislative experience andmature theories of two legal families.