A Study On The Right To Prestation Of The Third Party In The Third Party Beneficiary Contract

The system of the third party beneficiary contract gradually established along with the development of the modern commodity economy, the increase of market clearing quantity and the need of public interests. This was mainly because economic society need more sociality of contract, so the contract was inevitably involved with the third party beneficiaries beyond the contractual parties and many continental law system and Anglo-American law system countries set up and perfected the system of third party beneficiary contract. Our country developed market economy via reform and opening in the past30years, and the market expanded quickly in transverse and vertical field. This lead to the contract broke through principle of contract relativity and was involved with the third party. Exactly based on this kind of situation No.64of our contract law made a regulation about the third party beneficiary contract, but because of the legislature considering other factors No.64of our contract law didn’t give a perfect presentation about third party beneficiary contract. So academic circles and judicial circles didn’t have the same attitude about how to recognize the third party beneficiary contract and take the right to prestation of the third party.The above circumstances lead to many cases of the third party beneficiary contract were difficult to look for the basis of claim right, so it was unable to solve the dispute about the third party beneficiary contract quickly and effectively. This dissertation chose one of the cases of the third party beneficiary contract as research object to survey already existed cases of the third party beneficiary contract and expect legislature and judicial organ can perfect the system of the third party beneficiary contract according to legislative interpretation and judicial interpretation. I think when we apply law to the existed cases of the third party beneficiary contract, we should regard No.64of our contract law as the basis of claim right. There is no doubt when we analyze the establishment of the third party beneficiary contract and the acquirement of the right to prestation of the third party beneficiaries, we must use some thinking methods of civil law, such as method for claim, method for law interpretation and method for law reasoning. The right to prestation of the third party beneficiaries is much more important than others in the third party beneficiary contract because it is directly involved with the right of the third party beneficiaries, so we should approve the third party beneficiaries receive the right to prestation directly from debtors after the third party beneficiary contract set up and request debtors to afford the liability for breach of contract. I expect to set forth how to solve cases of the third party beneficiary contract clearly, point out some imperfect places about the basis of claim right of the third party beneficiary contract clearly and help the revocation power unveil legal interpretation is more suitable for our national conditions.