| Paragraph 2 of Article 522 of the Civil Code of the People’s Republic of China stipulates that the third party has the right to directly request the debtor to perform its contractual obligations and request the debtor to assume the liability for breach of contract.However,the impact of the third party’s intervention on the cancellation,modification,rescission of the contract and the liability for breach of contract remains to be further discussed in theory,In judicial practice,there are also many inconsistencies in the way in which the third party obtains relief for breach of contract under the contract for the benefit of the third party.Therefore,it is necessary to clearly define the concept of the contract for the benefit of the third party and the right of remedy for breach of contract of the third party,clarify the form of undertaking the liability for breach of contract,and clarify the relationship between the creditor and the right of remedy for breach of contract of the third party.In addition to the introduction and conclusion,this paper is divided into four chapters.The introduction will briefly introduce the legislative evolution of the contract for the benefit of the third party in China;The first chapter summarizes the judicial practice cases and the focus of disputes in China,summarizes the opposing views in judicial practice,and leads to the research theme of this article.The second chapter mainly focuses on some basic issues of the right to relief for breach of contract of the third party under the contract for the benefit of the third party,mainly including the basic rights of the right to relief for breach of contract,the time of occurrence of the right,the premise and content of the right to relief for breach of contract,and clarifies the basic connotation of the right to relief for breach of contract exercised for the third party,so as to further explore the situation of non-third party breach of contract,The third party may request the debtor to assume the form of liability for breach of contract and pave the way for the conflict between the creditor’s rights in the contract for the benefit of the third party and the third party’s claim for breach of contract relief.The third chapter mainly discusses the assumption of liability for breach of contract for the benefit of the third party:in the case of breach of contract due to the creditor’s reason,if there are still the interests of the third party not affected by the creditor in the contract,the third party can exercise the right to claim relief for breach of contract from the debtor;When the debtor causes breach of contract,the debtor shall bear the liability for breach of contract to the third party;If the reason for non-performance of the debt cannot be attributed to the parties to the contract,the creditor and debtor need not bear the liability for breach of contract to the third party.In addition,both parties to the contract can also agree on their respective liabilities for breach of contract to the third party when concluding a contract for the benefit of the third party.In addition to the right to continue to perform and the right to claim damages,the third party can also exercise the right to claim compensatory liquidated damages,and if the creditor and the debtor set up the right to claim the deposit and the right to claim punitive liquidated damages for the third party when concluding the contract,the third party can also exercise the aforesaid rights,but the third party does not have the right to terminate the contract.The fourth chapter mainly studies the possible restrictions on the third party’s exercise of the right of claim for breach of contract after the debtor’s breach of contract,mainly including the following issues:(1)The third party and the creditor both exercise the right of claim for damages to the debtor and the object of compensation is different,the scope of the debtor’s responsibilities and the priority of the exercise of the two rights in the case that the debtor’s property is not sufficient for full compensation,(2)When the third party and the creditor request the debtor to assume the liability for breach of contract at the same time,one party requests to continue to perform,and the other party requests to replace the payment of damages,the priority of the two issues,(3)how to balance the interests of both parties when the third party’s claim for breach of contract relief conflicts with the creditor’s right to form. |
