| On the right of the third party beneficiary contract remedy,provisions of China’s "contract law" has never been clear,if unable to draw appropriate conclusions by explaining that legislators should legislate to protect again through the corresponding way.The third party of altruistic contract should enjoy the rights of contract law and relief right in tort law.If third people can not benefit through legal channels for their own rights to protect their rights,the fact that the right should be considered only,so the contract right of relief should belong to the more important research problems.The first part of this paper introduced through two cases,analyze and judge the differences of altruism contract judgment in the judicial practice,then explain the reasons of the differences;in the second part mainly talks about currently in our country for the provisions of altruism contract problems,and then analyzed the protection for nature and insufficient "contract law" article sixty-fourth the theoretical discussion,and then pointed out that the essence of contract is the rights of the relief;in the third part of our reference through the relevant provisions of foreign countries,it can be adopted in the part of analysis,combined with the local judicial resources in China,and China’s legislation to provide a reasonable reference;in the last part of this paper talk about the contract should be with the system,and analyze,hoping to draw a reasonable conclusion.The way to relieve the rights of the third party in interest.For China’s current regulations,it should only be considered as a measure of the rights and interests stipulated in the beneficiary contract,and should be perfected before the next amendment,so as to fully guarantee the legitimate rights and interests of the third party. |
