On The Third Party Rights In The Third Party Contract Of True Interest

The second paragraph of Article 522 establishes the general standard of the third party contract of pure benefit,which makes up for the absence of legislation and is very progressive.However,it is inevitable that only one legal clause is used to regulate the law,which is not detailed enough and causes problems in the application of law.In view of this,this paper focuses on the theoretical proof and interpretation and application of third party rights,further explanation and discussion are given to the relevant theoretical disputes.In addition to the introduction and conclusion,this paper consists of four parts.The first part analyzes the nature and power of third party rights.Firstly,the nature of the third party right is defined,and on the basis of clarifying the attribute of the third party right,whether it belongs to the contract right is discussed.Secondly,it analyzes the specific rights of the third party,including the right to perform the claim,the right to receive the payment and the right to reject,and examines the correctness of the claim of the third party for breach of contract from the legal status of the non-contract party.The second part proves the legitimacy of the third party rights by virtue of the existing rights theory.Firstly,the author analyzes the logic of the third party rights in the theory of interest and the theory of the will of the parties,and points out their limitations.Then it leads to the modern theory of rights procedure,and discusses whether it can realize the proof of third party rights on the basis of taking into account the interests of the third party and the will of the parties.The third part analyzes the acquisition and exercise of third party rights.First of all,two ways of obtaining rights are defined: legal and agreed.Then,the contract types of legal third party rights are discussed,as well as the judgment criteria of the parties’ intention of granting rights when the contract agreement is unclear.Secondly,it is clear that our country adopts direct acquisition mode,the third party directly obtains rights when the contract takes effect,and analyzes the advantages of this mode compared with other modes.Finally,the paper analyzes and restricts the three situations that hinder the exercise of the third party’s rights,including modification and cancellation of the contract by the parties,debtor’s performance of the defense,third party’s obligation.The fourth part discusses the remedy of third party rights.In the aspect of system remedy,after denying the third party’s right to claim liability for breach of contract,the concrete way to bear the liability for non-performance of the debt that can be claimed is investigated.Make clear the relief rules of the third party when the contract is terminated,including restricting the party to terminate the contract,allowing the third party to give up the right when the party is lazy in exercising the legal right of termination,and seek relief in the consideration relationship.In the aspect of procedural remedy,the third party’s right remedy in litigation procedure and arbitration procedure is discussed.