Studies On Contract For The Benefit Of Third Party

The thesis is a study on the “Contract for the Benefit of Third Party”, incombination with relative legal systems of Chinese law, Continental andAnglo-American Legal System.It refers to legal basis and legal system construction.The first part discusses the trend of “Contract for the Benefit of ThirdParty”research and raises two basic questions-the rights acquisition and liability forbreach contract.The second section describes the history of “Contract for the Benefit of thirdParty”.The contract impacted the Roman law legal principle “Alteri stipulari nemopotest”. This system protects the third party's reliance interest and reduces transactionand trial costs, which is in conformance with requirements of social economy.The third part describes the legal relationships between three parties(compensations-relationship, consideration-relationship and Benefit-relationship).Thecompensations-relationship and consideration-relationship are independent of eachother. The third party can claim right against the promisor independently immediatelywhen the basic contract becomes effective and he can also refuse benefits freely. Thepromisee or promisor can rescind or change rights of the third party in some cases,The forth part is about liability for breach contract, especially for the reason ofpromisor. The third party has independent right to claim for damages. When thepromisee breach the contract, the promisor can performance defense rights againstthird party limited to the compensation relationship. The author discusses the problem of “restitution of unjust enrichment” when “Contract for the Benefit of third Party”becomes invalid, revoked.The fifth section is the introduction and analysis of the present conditions of ourlaw and make some suggestions.