Breakthrough Of The Principle Of Relativity Of The Contract

The doctrine of privity of contract plays a very important role in the development of contract law, but the applied principle has encountered many actual instances which are contrary to the conception of social value with the intricate development of social economic life. In some existing situations have the values of fairness and justice lapsed due to the failure to protect a relevant third party's interests and in some other situations are some losses incurred to the contracting party due to no duty by a third party. The article studies the change of status of a third party under the exceptions to the doctrine of privity by analyzing the exceptions to doctrine of privity and readjustment and redistribution of contractual rights and duties, and makes a further analysis and demonstration to the significances of the exceptions to the doctrine.With a view to the limitation of national Contract law, the article puts more energy and emphasis on Contract conferring interests to a third party and infringement of rights of contract by a third party and linked contracts .In the meanwhile, the article makes moderate interpretation and clarification to the misunderstanding occurred to the so-called exceptions in our national laws, which is helpful to apply the exceptions and resolve actual problems.Chinese contract law sticks to the doctrine of privity of contract in general. Although some exceptions have been defined in some specific realms, such as in insurance and international goods trade laws, the entire system still centers on the protection of interests between contracting parties. Thus, the protective degree of interests to a third party and the remedies after damages by contract is far from enough.The article makes profound exploration and study to contractual rights and liabilities to a third party from the perspective of a third party by starting from the analysis of doctrine of privity of contract and by progressing with the clues of theory of exceptions to the doctrine of privity and the practices from different countries. At last, the author analyzes the shortcomings and deficiencies from the angle of Chinese law and put forwards some suggestions of legislation on trial on the issues of contract conferring interests to a third party and infringement of rights of contract.The author hopes sincerely the above-mentioned beneficial and favorable to the development of contractual law.