The interests of a third party contract research
|School||Dongbei University of Finance|
|Keywords||Contract for the Benefit of Third Party Doctrine of the Privity of Contract Efficacy|
The contract for the benefit of third party is a very important system in modem society. As a exception of the doctrine of the privity of contract, it is accord with the contracting parties, intention and the seeking of efficiency. Moreover, it makes a function to protect the third parties’ believing.firstly, the author pointed out the doctrine of the privity of contract has many flaws which motivate the developing of the contract for the benefit of third party. Then, introduced the legislations of several typical countries in the world;Secondly, the author analyzed the fundamental problems about the contract for the benefit of third party, such as meaning, condition, characteristic. Furthermore, compared some similar systems in the civil law.Thirdly, the author researched on the efficacy of the contract for the benefit of third party. In the author’s opinion the third party has the right to refuse the given benefit, to claim of payment, and to request for protection. Besides, it has efficacy to the detors and the creditors.In the end, the article 64 of existing Chinese contract law is similar with Germany law regulation concerned, but it does not entrust any legal status of the third party. So it’s not the contract for the benefit of third party, which only exists in other legislations. The author suggested to establish the system of the contract for the benefit of third party from the macroscopic and microcosmic angle.