The Interests Of A Third Party Contract Research

The paper consists of the Preamble and four parts totaling 30,000 words.It's indicated in the preamble that the contract concerning the third party is a breakthrough in the important principle-relativity of the contract. Further research is necessary in view of the importance of the contract concerning the third party in the modern contract law system and in view of incomplete understanding in China toward the contract concerning the third party. Therefore, the question discussed in the paper is of great theoretical and practical significance.In the first part, the evolution process of the contract relativity principle is outlined. It's indicated that the relativity principle plays indispensable role in protecting third party interests and insuring stability of society. However, in the modern society and with the socialization of the contract, strict adherence to the relativity principle does not conform to the needs of the society. Therefore, the contract concerning the third party came into form and became the breakthrough to the relativity of the contract. Various theories on which the contract concerning the third party based are introduced. Finally the paper discusses the value of the contract concerning the third party and indicates that the contract concerning the third party facilitates the realization of liberty, equity, safety and efficiency.The second part focuses on defining the contract concerning the third party. The characteristics of the contract concerning the third party are also defined through comparison of relevant systems.Questions in dispute in the contract concerning the third party are discussed in the third part. Firstly, the effect of the contract concerning the third party from the perspective of creditor effect, debtor effect and the third party effect. Secondly, the relationship of the three parties to the contract is defined and some misunderstandings are clarified.The current situation of the contract concerning the third party is discussed in the final part. It's indicated that the Article 64 of the Contract Law of the PRC is not the real contract concerning the third party and the legislation of the contract concerning the third party is proposed.