Research On The Beneficiary Of Third-Party Beneficiary

As an exception of the principle of privity of contract, the third-party beneficiarycontract had been established as an independent legal system in contract laws of most ofmodern countries. Its most marked difference between those general contracts is that thetwo parties of contract could come into a consensus that one party of contract perform apayment to third party,consequently, this third party could obtain the contract rightcontract directly according the promise of two parties of contract. Therefore, the mostessential problem of third-party beneficiary contract is the legal position of third party andother relative legal problems.This thesis consists of five chapters:The first chapter analyses the conception of third-party beneficiary contract, discussesthese relations and differences between third-party beneficiary contract and generalizedthird-party contract, and between base contract and provision in favor of third party, andthe legal relationship between third party, promisor and promisee.The second chapter discusses the acquisition of the position of third party. Thischapter has two parties. The first party discusses the conditions of validity of third-partybeneficiary contract; the second party discusses the method of acquisition of contract rightfor third party.The third chapter discusses the content of third party’s contract right, including theright of claiming payment, the right of reception of payment, the right of disposition, theright of relief and the right of absolver.The forth chapter discusses the obligations of third party. At first, this chapterrecognizes that third party could bear some incidental obligation in third-party beneficiarycontract, and then this chapter discusses the different circumstances that the third partymight bear the obligations, including the obligation as the prerequisite of acquisition ofcontract right, the obligation supplementary, and the obligation of payment. The fifth chapter discusses the third party and the defect of validity of contract; beginwith discussing the different circumstances of the defect of contract invalidation. Itanalyses the restriction of exercising the cancellation right and right of variation andrescission of contract for two party of contract, and the problem of unjust enrichment forthird party when the contract is invalid or been cancelled.