| The second paragraph of Article 522 of the Civil Code clearly stipulates the altruistic contract system,which is a key step in the protection of the rights of the third party.To better realize the protection of the third party rights of altruistic contracts,this paper clarifies the existing problems by analyzing the current situation of legislation and judicature.After clarifying the subject,exercise rules and legal effect of altruistic contract dissolution,the author puts forward some suggestions on the improvement of altruistic contract dissolution rules from both substantive and procedural aspects.The first part discusses the concept of altruistic contract,and makes it clear that the altruistic contract studied in this paper is really for the benefit of the third party contract.By comparing with similar legal acts,the altruistic contract is more clearly defined.Through the in-depth analysis of the legal relationship between the three parties within the contract,the characteristics of altruistic contract dissolution are further clarified,and the rationality of altruistic contract dissolution rules focusing on protecting the interests of the third party is discussed from three aspects: maximizing the institutional value,guaranteeing the expected interests,and the consideration relationship failing to make up for the loss of the third party.The second part examines the protection of the third party in the dissolution of altruistic contract from the legislative and judicial status.The altruism contract system has not been established in Article 64 of the Contract Law of our country,and the Civil Code has explicitly provided for the altruism contract system,but the termination of the contract has not been involved.We analysis typical cases in judicial practice,it shows that there are some problems in judicial practice of altruistic contract dissolution,such as the dissolution of the subject,the exercise of rules,and the legal effect is unclear,so as to determine the scope of the study of altruistic contract dissolution.The third part makes it clear that the right to terminate the altruistic contract is exclusive to the parties to the contract.Although the third party enjoys certain rights and interests according to the provisions of the contract,it is not the party to the contract and cannot terminate the altruistic contract.The protection of the third party’s interests should be considered in the aspect of restricting the party’s exercise of the right to rescind.The parties to a contract and the interests of the third person has a different state.The present report analyses the rights of third parties in different forms of disarmament and points out that there are no restrictions on the disarmament.The fourth part discusses if the contract is terminated due to the fundamental breach by the creditor and the debtor,and If there is damage to the interests of the third party,the third party can basically claim compensation.In order to make better use of In order to preserve the institutional value of other contracts and protect the relevant interests of Tbilisi,the author recommends that legislation be proposed to improve the standard framework of altruistic contract dissolution from the aspects of entity and procedure. |
