Study On Legal Acts For The Benefits Of The Third Person

This thesis mainly talks about legal acts for the benefits of the third person, which entitles the third person with purely legal rights. There are two modes to make the acts for the interests of the third person legally effective in traditional theory, bilateral behavior and unilateral behavior. Bilateral behavior shall be legally effective on the third person only when he accepts the acts for the benefits of him, while unilateral behavior shall be legally effective on the third person without his permission on such acts. Through careful analysis, I found that both bilateral behavior and unilateral behavior are defective: bilateral behavior conforms with the principle of autonomy, but it does not reflect the particularity of the legal acts for interests of the third person, while unilateral behavior reflects this particularity, supposing the third person will accept the rights conferred on him, but it fails to set up a necessary relief channel for the third person's unwillingness to accept the rights. Meanwhile, the substantive law is inconsistent when it comes to the different modes of legally effectiveness of acts for the interests of the third person, and different countries take different modes of legally effectiveness,but there is no appropriate theoretical support for the above inconsistencies. Thereby I attempt to make an appropriate innovation on the institutional structure of legal act for the interests of the third person, using the institutional structure of contracts for the interests of the third person as reference.The thesis takes legally effectiveness of acts for the interests of the third person as the center of research, using comparative method and empirical analysis method. Based on the advantage and disadvantage of both traditional modes of legally effectiveness in comparative method, I highlight the advantage of modified unilateral behavior, and provide a basic support for the modified unilateral behavior which shall be applied to all acts for the benefits of the third person by analyzing the common feature of typical and specific cases in empirical analysis method.In addition to introduction and conclusion, this article is divided into three chapters.The first chapter defines the legal acts for the benefits of the third person, raises the center issue of the thesis and determines the scope of this paper. Besides, it collects and analyzes the typical and specific legal acts for the benefits of the third person and summarizes their similarities to facilitate the discussion later in the paper.The second chapter analyzes three legislative modes of legal acts for the benefits of the third person and introduces specific cases in each mode. Meanwhile, this chapter analyzes the pros and cons of bilateral behavior and unilateral behavior, and explains the advantage of modified unilateral behavior in detail.Chapter three further analyzes the modified unilateral behavior based on the principle of autonomy to fully demonstrate rationality of this theory. Meanwhile, it briefly discusses several issues in design for modified unilateral behavior, so as to understand better and apply the modified unilateral behavior in legal acts for the benefits of the third person.