Research On Contract For The Benefit Of Third Party

Contract for the benefit of third party has generally recognized in the 20th century, the subject of this dissertation is contract for the benefit of third party, and to take the law hermeneutics, history, research methods and comparative approach. This dissertation deeply analyzes the theoretical foundation, historical evolution, concept, elements and effect of the system of this contract. Finally, the author makes a change on legislative proposals contacting the status of legislation of our country.This article conclude the introduction, body and the conclusion, the body of this text is divided into four chapters.The first chapter is contract for the benefit of third party and the principle of relativity, this chapter is divided into four sections. SectionⅠdiscuss the principles of the privity of the civil law system and the continental law system:the privity of contract in continental law system is the privity of debt, from "alteri stipulari nemo potest" in Roman law to the later French law and German law on the succession of Roman law, strict compliance with the principle of Relativity; the American law and the English law in Anglo-American law strict compliance with the principle of Relativity, establishing their consideration system, denied the third party beneficiary and the right to appeal. SectionⅡexamines the contents and the root of the theory, including the relative subject, the relative content and relative responsibility, autonomy and freedom of contract is its theoretical roots. SectionⅢdescribes the principle of relativity of the contract in civil law and continental law systems and the decline of the interests of their respective contracts for the third system is established. Section IV emphasizes the value of contract for the benefit of third party, such as legal principles such as equity and justice, to prevent the need for unjust enrichment; requirements of the principle of freedom of contract; protection of the trust of a third party interests and private order; improve efficiency, save costs and achieve maximum benefit.The second chapter is an overview of the interests of the contract; this chapter is divided into two sections. Section I first explained the concept of the system as well as the differences involved in the contract related to a third party, and then analyzes the structure of the system, the final analysis of the legal relationship of the system characteristics. The interests of a third legal relationship contract system is divided into two parts, the basic structure, and second, because relations. The because relations covers Deckungsverhaltnis, Valutaverhaltnis and provision. SectionⅡidentifies the difference between contract for the benefit of third party and similar systems, such as the German law on "Vertrag mit Schutywirkung for Dritte".The third chapter is the body of contract for the benefit of third party; this chapter is divided into two sections. SectionⅠof the constituent elements of the system, SectionⅡdescribes the effectiveness of the system is divided into the effectiveness of the third party, to promisee and to promiser.Chapter IV is legislative status of the contract system. The paper is divided into two sections. SectionⅠof the contract of our current status of the principle of relativity and the articles in special law, finally, the author analyze that contract for the benefit of third party whether exist in our country, especially the provisions of Article 64. SectionⅡdescribes the necessity of contract for the benefit of third party, and then the author puts the proposition designs the concrete articles.