On The Contract For The Benefit Of The Third Parties

The contract for the benefit of the third parties (abbreviated to CFBTP) is one of the special contracts, it is the breakthrough of the privity of contract. Along with the development of mordern contract, CFBTP has become one kind of more and more popular social penomena. As compared with foreign legislations in this aspect, CFBTP is not clearly and definitely stipulated in Chinese Laws, and less scholars have made studies on this area. Based on the following research methods, such as historical analysis, comparative analysis, value analysis, and positive analysis, etc, the thesis aims at illustrating the main connotatin of CFBTP, and defining the operation and Legal liabilities of CFBTP, so as to put forward relevant legal reflection on the establishment of system of CFBTP in China. This thesis consists of four parts as follows.The first part: The author analyses the concept and characteristics of CFBTP, explains the nature and causal relation of CFBTP, and illustrates the forms of expression of CFBTP. In the meantime, the author distingwishes the CFBTP form some relavant concepts.The second part: The author holds that CFBTP is closely relevant to the privity of contract. CFBTP was gradually established in the countries of continental law system and common law system , along with the decline of privity of contract .However, CFBTP is the breakthrough of privity of contract. Such kind of breakthrough is on the basis of deep theories. The complexity of economy, the guidance of legal philosophy and the function of freedom of contract provide theoretical support for CFBTP.The third part: CFBTP is much more complicated than common contract. By means of methods of positive analysis, the author analyses the establishment, effectiveness, modification, cancellation, rescission of the CFBTP and liabilities for break of CFBTP, so as to provide guidance for practical operations.The fourth part: on the basis of analyzing current state of CFBTP in Chinese legislation, the author points out that CFBTP isn't clearly stipulated in contract law. though we can find the shadows of CFBTP in some special laws. Such kind of state results in many deficiencies. The author put forward some proposals for establishing the system of CFBTP in accordance with our country's national condition.