Research On The Beneficiary's Rights In Third Partdy Beneficiary Contracts

The most prominent feature of third party beneficiary contracts is that the third party enjoys rights,and the core issue is why the third party enjoys rights and how the rights of the third party are applied.The legitimacy of the rights of the third party determines the normative framework and judicial determination of the application of the rights of the third party.At present,there lacks of convincing theory for the justification of the rights of the third party,which leads to many difficulties in practice.Therefore,the complete genealogy of the study of the beneficiary's rights in third party beneficiary contracts should be based on the theory of the legitimacy of the rights of the third party,and then develop the normative framework and the judicial determination of the rights of the third party.The difficulties in the practice of beneficiary's rights in third party beneficiary contracts mainly include the misreading of the basic legal relations,the blank in the identification of the beneficiary's rights,the lack of argumentation in new cases and the dispute in the choice of legal provisions.The introduction of the Civil Code has put an end to the controversy over the choice of legal provisions,but the relatively simplified rules fail to respond to other judicial dilemmas,and the generalized provisions on third party's rights need to be supplemented by the interpretive theory of third party beneficiary contracts.The practical dilemma of the beneficiary's rights in third party beneficiary contracts is the problem of the application of rights,and the way out to solve the problem is to trace the legitimacy of rights.There are different views on the legitimacy of the beneficiary's rights in traditional theories of third party beneficiary contracts,but each has its own shortcomings.In the theory of private law,the argumentation of "breakthrough theory of the principle of contract relativity" is too broad and insufficient,the "legal fictiontheory" is an expedient measure in the formation process of the third party rules,and the "party's will theory" gets involved in "double intention dilemma" and"intention obscuration dilemma".In the theory of rights,the falsification standpoint of third party's rights in the "will theory" is not compatible with the modern third party beneficiary contract system,and the fuzzy distinction between interests and rights in the "interest theory" leads to the over-generalization of the subject of rights.The breakthrough point of justifying the beneficiary's rights in third party beneficiary contracts lies in how to explain the relationship between interests,wills and rights among the three parties.The "procedural right theory" in modern rights theory,based on the subjective perspective and the evaluation of legitimate procedures,breaks through the relationship between interests,wills and rights,thus becoming the theoretical basis for the justification of the beneficiary's rights in third party beneficiary contracts.In combination with the history of third party beneficiary contract system and the "procedural right theory",the core interests of the third party's rights comes from the causal relationship between the third party and the creditor.Such interests become legitimate interests after being evaluated freely and equally by the creditor,debtor and the third party in the third party beneficiary contract,and are manifested as the rights of the third party in law.The normative framework of third party's rights based on the legitimacy justification mainly involves the nature,content and exercise of rights.According to the "right hierarchy theory" of the "procedural right theory",the third party's rights are defined as auxiliary and remedial rights,which clarifies the key rules regarding to the differences between the rights of the third party and the rights of the parties to the contract,the determination time of the third party's rights,the change conditions of the third party's rights and the obstacles to the exercise of the third party's rights.It also provides a concrete interpretation for the simplified rules of third party beneficiary contracts in the Civil Code.The theory of beneficiary's rights in third party beneficiary contracts is required to solve the problems in judicial practice,so as to verify the feasibility of the theory.Based on the legitimacy and the normative framework of third party's rights,the idea of judicial determination of third party's rights is proposed as "the investigation of the causal relationship + the investigation of the opposite situation".By verifying the applicability to different types of disputes in private and public-private sectors,it can provide a judgment thinking with both theoretical depth and operational simplicity for the identification of third party's rights when the agreement is not clear in practice.