| Altruistic contracts,i.e.contracts for the benefit of third parties,are well established in many countries and regions in the world and are not uncommon in China’s practice.The first half of the article stipulates that the creditor has the right to assert liability for breach of contract to the third party in the event of the third party’s breach of contract,which only gives the creditor the right to claim,and is an impure altruistic contract,while the second half of the article gives the third party the right to claim in the case of "legal provisions or agreement of the parties",which is a pure altruistic contract.This article discusses the defects of the legislation and the dilemma of the judiciary through cases,and analyzes three core issues of altruistic contract release rules.In order to solve the problems of altruistic contract cancellation rules and build a complete and reasonable cancellation system,we need to weigh the interests well.The first part of this thesis starts from an overview of altruistic contracts,including the basic theory of altruistic contracts and the definition of altruistic contracts.In the basic theory part,the three relationships in altruistic contracts are discussed,namely,the compensation relationship,the consideration relationship,and the enforcement relationship.Since the later part of the discussion is based on the rule of discharge,this part will be discussed in detail to define the difference between altruistic contracts and other tripartite relationships.The second part of this article is about altruistic contracts.The second part of this thesis is about the current situation and deficiencies of the rules of altruistic contract release.This part is introduced by the cases in judicial practice and finds that there are many problems of altruistic contracts in practice,such as unclear subjects,inconsistent restrictions on release,and unclear legal effects after release.The first case of insurance contract dispute on potential defects in construction quality in Shanghai analyzes whether the third party can restrict the release of altruistic contracts,discusses the shortcomings of the current situation of the release system from the case,and also provides a general overview of the issues to be discussed later.The third part of the thesis will explore the subject of the right to rescind altruistic contracts,who can enjoy the right to rescind altruistic contracts,and the third party’s participation in the rescission of altruistic contracts under special circumstances.The fourth part of this thesis is about the conditions for the release of altruistic contracts.The core issue of this part is whether the third party can restrict the release of altruistic contracts,so this chapter firstly discusses the general viewpoint and disagreement of the academic community,and then whether the change and revocation of altruistic contracts should be restricted by the third party,through the logic of the light to clarify the heavy,the auxiliary argument of whether the right of release is restricted.Then,we will discuss in detail the conditions required for statutory,contractual,and negotiated rescissions,respectively.The fifth part of this thesis deals with the legal effects of the release of altruistic contracts.Usually,the parties are not free to release the rights that have been set for the third party.The issue of the third party’s remedy is discussed in this section. |
