Research On The Vicarious Performance Of The Third Party With Interest

Article 524 of the "Civil Code" for the first time identifies the performance of a third person with interest as a legitimate way of performance.This is not only a formal response to the lack of general norms of third-party performance in China,but also a legal basis for dealing with third-party performance cases in practice.However,its legal provisions are not yet sufficient to solve all the problems in third-party performance.Therefore,it is necessary to discuss the legal problems existing in the performance of the interested third party,so as to provide assistance for theory and practice.From the first chapter to the second chapter,this paper studies the basic structure of the interested third party acting as performer stipulated in Article 524,and understands the development of the third party acting as performer by reviewing the origin of the third party acting as performer system.Starting from the associated system,compare the elements and legal effects of different systems,and finally determine the content of the rights and obligations of the interested third party acting on behalf of the parties in the application of the rules.The third chapter of the article combines theory and practice to conduct in-depth observation and analysis of the legal issues existing in the application of the rules by the interested third party,mainly focusing on four issues : First,discuss the scope of legitimate interests enjoyed by the third party;second,analyze the meaning game of the third party who has an interest in the performance of the three parties;thirdly,analyzing the scope of the obligor of the liability for damages when the third party improperly performs the damage;fourth,it analyzes the conflict of rights between the third party ’s claim right and the creditor debtor ’s right of formation in the performance of the contract.The fourth chapter puts forward some thoughts and suggestions on the basis of comprehensive analysis of the legal issues raised in the third chapter.First of all,after reasonably limiting the scope of the third party,it is appropriate to make a purposeful expansion interpretation of legitimate interests,and at the same time type the legitimate interests in combination with practical cases.Secondly,after drawing on the experience of comparative law and observing the judicial practice in China,it is concluded that the interested third party,whether it is partially or fully fulfilled,does not need to consider the meaning of the creditor and the debtor as long as it is properly performed.Thirdly,in the case of the third party ’s improper performance of the infringement of creditor ’s rights,it is appropriate to clarify the value orientation of the third party ’s responsibility for damages,but the third party ’s responsibility should still be strictly defined,that is,in principle,the rule of non-performance of debt should be applied first to define the liability for damages,but at the same time,the third party ’s " miscellaneous liability " should be applied as an exception rule.Finally,the conflict of rights between the third party and the parties should be coordinated on the basis of distinguishing different types.On the one hand,the third party shall not oppose the parties ’ statutory right of rescission and statutory right of revocation.On the other hand,when the parties negotiate to terminate or change the contract,priority should be given to protecting the reliance interest of the third party.