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Study On Validity Of The Contract Benefited To The Third Party And On Sources Of The Validity

Posted on:2004-11-21Degree:MasterType:Thesis
Country:ChinaCandidate:H TianFull Text:PDF
GTID:2156360122465924Subject:Law
Abstract/Summary:PDF Full Text Request
Economic relation becomes more and more complicated and it makes the contract benefited to the third party popular in daily-life, but there are still no general regulations on the contract benefited to the third party in our civil-law and contract-law. This paper includes the following two main parts: To explicate validity on the contract benefited to the third party by analyzing regulations and case-laws; from philosophy of law to reveal the reasons why the parties and the third party consciously perform the contract and why rules can force them to perform the contract. Then on the basis of theoretical analysis mentioned above this paper provides some suggestions of legislation on the contract benefited to the third party.This paper has following main views:According to the contract benefited to the third party: Firstly the third party gets rights to demand debtor performing the duty. Secondly creditor has rights to ask debtor to perform his duty to the third party, and if debtor doesn't perform his duty, creditor also has rights to claim for compensating his loss resulted from debtor. Thirdly debtor can use the rights of counterplea derived from the contract to oppose the third party.Validity of the contract benefited to the third party derives from respects to the parts, and developments on spirits of autonomy of private law. And this also stems from demands on protecting reliance interests of the third party, reducing cost of litigations and tempering social injustice.In order to perfect our country's legislation in civil law, the author has an idea that we should add the general regulations on the contract benefited to the third party to our country's code of civil-law. The third party should be acknowledged as the independent creditor and be entitled to the rights of direct claim to debtor.
Keywords/Search Tags:private law, the contract benefited to the third party, legal validity
PDF Full Text Request
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