Research For Third-party Interest Contracts

Contract relativity principle has been always acted as a fundamental role in Contract Law, which is of significant function, and it is produced and developed along with the social concept and social economic level. However, social trades are becoming more and more frequent and complex, which has made contract validity not only about to restrain the both parties but also to involve third party. It is hard to meet the demand arising from the rapid development of economic if just maintaining the contract relativity principle. It is necessary to breakthrough by adjusting such contract relativity principle. Therefore, in order the balance the rights of the both parties and the third person, the countries representing two law systems had in succession formulated extra regulations, gradually identifying a contract system for third person’s right by relevant laws and judicature. Nevertheless, there is no real contract system for third person’s right in China, which brings about embarrassments in terms of the practice of judicature. As such, it is meaningful to discuss the contract system for third person’s right.The main body of this paper constitutes four parts illustrating contract system for third person’s right.The first chapter summarized the concept of contract system for third person’s right, which includes its history, value and function, definition of concept and characteristics, as well as the differences with other law systems.The second chapter elaborates the law structure of contract system for third person’s right, mainly putting forward the component of contract, and the effects on creditor, debtor and the third person.The third chapter analyses the status of legislation and administration of justice in terms of contract system for third person’s right, and also studies those problems involved.The forth chapter proposes improving suggestion in respect of legal application of contract system for third person’s right, which mainly includes the necessity of confirming contract system for third person’s right, suggestion on legislation and suggestion on administration of justice.