Research On The Third Party’s Rights In Contract For The Benefit Of Third Party

The debate on the Contract for the Benefit of Third Party in our country began with Article 64 of the Contract Law,which mainly revolved around the existence of the Contract for the Benefit of Third Party in our country.The debate lasted for more than ten years until the promulgation and implementation of the Civil Code.The final answer to this question is that Article 522 of the Civil Code affirms the existence of a third-party benefit contract system in our country from the legislative level,and the third party has the independent right to claim performance.However,compared with the design of the Civil Law in developed countries,the Civil Law Code of our country has extremely minor regulations on third-party benefit contract.Simple normative design obviously cannot provide sufficient supply.As the core of third-party benefit contract,third-party rights are the key to resolve the difficulties in third-party benefit contract.Making detailed rules around third-party rights is an inevitable requirement for perfecting the thirdparty benefit contract system in our country.Therefore,this article will focus on the rights of third parties and gradually carry out research from three levels:practical issues,basic theories,and normative construction.Firstly,taking the practical issues of third party rights in third-party benefit contracts as a guide,we will search for the problems encountered in the practice of third-party benefit contracts in China from both judicial and legislative levels,and extract the core difficult points of the problems through statistical analysis and summarization,Confirming the practical needs of this study and pointing out the direction for future in-depth research;Secondly,we will deeply study the basic theory of the third-party benefit contract,discuss the origin,development and rise and fall of the Privity of contract breakthrough theory,the legal fiction theory,the party’s will theory and the trust theory,compare the advantages and disadvantages of each theory in proving the legitimacy of the third party’s acquisition of rights,select the basic theory that is most suitable for being rooted in the soil of the rule of law in China,and provide a solid theoretical support for the later normative structure;Finally,in order to contribute to the improvement and improvement of the third-party benefit contract system in China,we will design corresponding normative structures for the acquisition,change,realization,relief,and restriction of third-party rights in third-party benefit contracts in China.