A Breakthrough Study On The Privity Of Contract In The Case Of Relational Contract

The privity of contract is one of the most important principles of contract law,which includes the relativity of subject,content and responsibility.However,with the development of social economy,the openness of transactions and the diversification of contractual interests have challenged the privity of contract,and in some cases it is necessary to break through the privity of contract to ensure the normal progress of economic activities.The relational contract relationship,contracts of which have the characteristics of purpose,content,performance,effectiveness and economic integration,is the product of social development,and it reflects the diversification and complexity of the contractual relationship.In a relational contract dispute,on the basis of the parties to the contract requesting a breakthrough in the privity of contract,when resolving disputes through the privity of contract leads to the inability to achieve substantive contract justice or excessive waste of judicial resources,judges should be allowed to make breakthrough the privity of contract under the guidance of relational contract theory.But the breakthrough should be limited by the subject,content and responsibility,that is,it is limited to the scope of the parties in the relational contract relationship,the rights and obligations of the dispute contract and the liability bearer of the contract,and the scope of contractual responsibility.