| Article 522 of the Civil Code promulgated in 2020 formally establishes the real altruistic contract with the nature of involving others,which fills the lack of general norms of real altruistic contract in the period of China’s Contract Law,and has progressive significance.However,the legislative technology of retaining non real altruistic contract and regulating it side by side with real altruistic contract in the new law is questionable.Because the rights and obligations under the contract are still enjoyed by the parties and the effectiveness does not extend to the third party outside the contract,it does not belong to the category of "altruistic contract" in essence.Therefore,the research on altruistic contract in this paper is limited to the so-called "real altruistic contract".In order to ensure that the altruistic contract system is applicable to judicial practice,this paper starts from the specific rights and obligations among the three subjects of altruistic contract in substantive law,combined with the civil litigation party system,and takes the research on the litigation status of the parties in the specific altruistic contract disputes as the logical framework of this paper.Based on the fact that the norms of altruistic contract in China’s civil code are too rough and vague,and there are disputes on the way of obtaining the rights of the third party in the theoretical circle,this paper comes to the conclusion that China adopts the unilateral behavior mode of direct acquisition or amendment to legitimize the rights of the third party by combining the theory of legitimizing the rights of the third party and the mode of obtaining the rights,On this basis,this paper studies the effectiveness of the altruistic contract on the three parties after it takes effect,and the ownership of the right to terminate and the return of liquidation when the altruistic contract is changed and terminated,so as to draw a general conclusion.On the basis of clarifying the rights and obligations of substantive law,make a general answer to the litigation status of qualified parties and relevant interest subjects in specific disputes;In the altruistic contract,because the creditor and the third party enjoy the "same" rights,similar and necessary joint litigation should be introduced to solve the performance problem of the creditor and the third party suing the debtor.On the other hand,due to the rescue of the third party who is not really altruistic contract,this paper attempts to use the theory of intentional litigation to allow him to file a lawsuit as a qualified plaintiff when necessary. |
