| The theory of contract relativity has been commonly observed over the years,legal relationship has become more and more complicated because of the development of economic,so the third party beneficiary contract has appeared as an exception.Chinese Contract law that enacted in 1999 has recognized the third party has the right to receive the benefit agreed in contract,but there are no explicit provisions whether they have the right to enforce the contract.Although there is some special law related to the system,but still not perfect.The main purpose of this thesis is to explain the right and obligation of the third party,put forward relevant legal reflection on the establishment of system of the third party beneficiary contract in China based on the principal of contract and Chinese insurance contract,transportation contract,and the legal system of other countries.Chapter Ⅰ has two parts.The first part makes definition of the third party beneficiary contract,introduces its three basic relations and two basic types,distinguish the difference among the third party beneficiary contract and unauthorized agency,assignment of debt and so on;The second part explain the definition of insurance beneficiary,choose life insurance contract as the example of the next part.Chapter Ⅱ analyses the relations between beneficiary and the validity of contract.Including the time of the third party to obtain the right,the way to obtain,the parties’ right of withdrawal change,the content of request,the right to defense,the consequence of invalid law and so on.Chapter Ⅲ discuss the right of beneficiary of defaults in performance by different legal remedies.Analyzing whether beneficiary has the right to request remedies,how to request,whether beneficiary should assume obligations and how to assume.Put forward that beneficiary can affect the rights of parties,but don’t assume the liability for breach of contracts.Chapter Ⅳ is the summary of the full text. |
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