The Effectiveness Of Involving A Third Party Contract Research

The contract, whose force concerns the third party, is not a fixed type of the contract but a specially legal description .This system is considered as a great breakthrough of the principle of the relative nature of contract. In many developed countries' civil law, the contract whose force concerns the third party has been regulated, especially regulates the system of the third party beneficiaries contract, which is also definitely regulated in The Principles of European Contract Law and General Rules of International Commercial Contract. However, China's Contract Law doesn't accept the system. According to this , the author thinks it necessary to introduce and research the relative system of the contract whose force concerns the third party .The research can benefit the improvement of China's legislation. It is also the focus of the article. The article can be divided four parts. First, general introduction of the contract whose force concerns the third party ,including its conception and speciality, its development and fundamental types; Secondly ,function analysis of the contract whose force concerns the third party. This part begins with relation of the contract and the principle of relativity of contract ,and concentrates on the function of protecting the freedom of contract, protecting the benefit of the third party ,making the style of bargaining simple ,reducing the cost of bargaining and protecting the public benefit. The third part analyzes the contract in great detail making the right and obligation especially clear between clients of the contract and the third party .On the basis of the above research , the author introduces China' relative legislation and points out the drawbacks proposes his personal suggestion in order to build up the system of the contract whose force concerns the third party.