| The principle of relativity of contract has been perceived as the footstone of contract theory system,which incarnates the spirit of party autonomy of private law.At this stage,the market economy developed rapidly,and transactions between people are becoming more and more frequent.Many of these transactions no longer involve only the relationship between the two parties to the contract.Instead,more and more transactions require the participation of third parties to be successfully implemented This also makes modern contractual relationships more complicated than ever.Therefore,how to deal with the relationship between the third party and the parties to the contract to make it in a relatively balanced state has become the focus of studying the related system of third party interest contracts.Many countries and regions in the world are fully aware of the importance of third-party interest contracts,including China ’s Taiwan region,which has also set up special provisions in law to protect the rights of third parties.However,Contract Law in our mainland does not have general provisions expect some particular laws,even our Civil Code draft does not have impeccable stipulation.This article starts with a review of the legislative situation and an investigation of judicial cases in China.It analyzes the problems existing in the legislative and judicial fields of our country,and through the study of theoretical research and comparative law,learns advanced overseas legislation and theoretical experience in order to improve the relevant system of the contract for the benefit of the third party in our country.The main text is divide into four parts,specific as follows:The first chapter mainly inspecting the relevant laws and regulations in our country and analyzing cases in the judicial field,it points out some existing problems in the contract for the benefit of the third party in China.It is mainly due to the imperfection of related legislation that leads to inconsistent decisions in similar cases in judicial practice.The second chapter mainly introduces the basic theory of the contract for the third party’s benefit,including the study of concept of the contract for the third party’s benefit,the relationship between this kind of contract and contract relativity and the legal relations in the contract for the third party’s benefit.The contract for the third party’s benefit refers to that the creditor and the debtor agree the right to be paid by the debtor to the third party,and the third party obtains the right to request payment directly,unless otherwise provided by law or agreed by the parties.On the basis of clarifying the concept of the third-party interest contract,the relationship between the contract for the third party’s benefit and the contract relativity,and its inherent compensation,consideration,and payment relationships are analyzed.Through this chapter’s discussion,the studying object is confirmed and this is the foundation of the following research of problems.The third chapter uses the method of comparative analysis to study the relevant provisions of the contract for the benefit of the third party in the common law system and the civil law system,and compares and analyzes the relevant provisions of the two major legal systems,so as to extract mature legislative experience and theoretical basis that can be used for reference.Our country should learn from the experience of extraterritorial legislation,establish general specifications for third-party interest contracts,and improve the system.The fourth chapter mainly analyzes the effectiveness of the third party’s interest contract,and discusses the effectiveness of the third party’s interest contract to the third party,the creditor,and the debtor.The most important of these is the direct claim of the third party to the debtor.Chapter V mainly discusses the termination of the third party’s interest contract,and analyzes the three cases of statutory termination,agreed termination and negotiated termination of the third party’s interest contract.The exercise of the statutory termination right and the agreed termination right does not require the consent of the third party,but negotiated termination requires the consent of a third party.The last section of this chapter discusses the legal consequences of the termination of a third-party interest contract,including stop performing,restitution and compensation for damages. |
