| As society develops economically,the original contract model can no longer satisfy the needs of modern people’s life,the relativity of contracts is broken,and the altruistic contract system rises,and Article 64 of the original Contract Law does not give a third party the right to claim,resulting in a third party falling into passivity.The promulgation of the Civil Code,especially the new second paragraph of Article 522,directly gives a third party the basis for obtaining the right to claim.This article is divided into four chapters.Chapter 1 studies altruistic contracts from judicial practice.After the promulgation of the Civil Code,judges have gradually attached importance to the interests of third parties,and it is more and more common to support third-party litigation claims.Chapter 2 mainly introduces the legitimacy of the introduction of altruistic contracts under the Civil Code.This part discusses the first part of the connotation of the third party’s claim,the most important of which is to introduce whether liquidated damages apply to the third-party claim.Compared with the original Contract Law,the second part summarizes the positive significance and impact of the Civil Code on the right of claim of a third party.Chapter III introduces the conditions for exercising the right of third party claims.According to the cases in Part 1,the two situations of "agreement between the parties to the contract" and "legal provisions" are analyzed separately,and the third party’s claim rights are further detailed,followed by the analysis of the time when the third party’s claim rights are obtained,and the presumptive acquisition mode adopted by the Civil Code is analyzed.Finally,Chapter IV deals with the realization of third-party claims in altruistic contracts.The author will describe it from the perspectives of conflict and litigation to realize the right of third-party claims.Among them,the conflict mainly stems from the conflict between the third party and the parties to the contract.If you want to better protect the rights and interests of a third party,it is necessary to understand the third party’s position in litigation. |
