Research On Legal Issues Of A Third Party Performs The Performance Unilaterally

Article 524 of the Civil Code is a new provision,and there are many problems in the application of the law.Although the theoretical circle has discussed the definition,constitutive elements and legal effect of the third party acting on behalf of the third party,there are still different opinions.From the perspective of methodology,Article 524 of the Civil Code,as a new provision,has "open loopholes",which should be filled by individual analogy.Based on the systematic effect of the Civil Code,the system of unilateral performance on the part of a third party becomes perfect.First of all,in the definition of the third party’s unilateral performance,this paper makes clear that the nature of the third party’s unilateral performance on behalf of the right is a unilateral legal act of exercising the right to form.Secondly,in the basic constitutive elements of the third party acting on behalf of the third party,the controversial constitutive elements are analyzed,including the situation of the debtor’s non-performance of the debt.The third party needs to have the intention of performing for the debtor.In view of the "legal interests" of the third party,a narrow interpretation rather than a broad interpretation is adopted to distinguish the types of the third party enjoying the legal interests and the third party not enjoying the legal interests.Adding a third party’s performance of the debt as an appropriate component makes the component elements of the third party’s performance complete;Finally,in the legal effect of the third party acting on behalf of the creditor or debtor,the obligation to notify the debtor is clarified.By comparing with Article 700 of the Civil Code,it holds that the creditor’s guarantee right to others is not transferred along with the creditor’s right.The third party is allowed to perform partially on behalf of the creditor,supporting the inferior inferior theory,that the creditor is prohibited to the third party with the precedence over the partial performance on behalf of the creditor and to increase the disadvantageous position of the creditor under the partial performance on behalf of the creditor.Any increase in performance expenses due to the performance of a third party shall be borne by the third party.