Analysis Of The Privity Of Contract And Its Exception

During the development of the contract law, as the closely relationship with economy, every change of the contract law was dramatic. The focus which the contract emphasized changed from form to essence and from freedom to social order. The development of the privity of contract and its exception are just a good representative.In its early history, the contract law obeyed the rigorous doctrine of privity, and rounding the principle the contract law formed its whole system. With the development of the society and economy, a legal system of exceptional regulation was constructed to adapt to the changed environments. Contract Law started paying more attention to apply different rules by judging the essence of the legal relationship. By means of inspecting the history of the contract law briefly, and analyzing the law of developed country, we can summarize the essence of the privity of the contract and its exception. The content of the privity of contract contains three aspects, the subject, the content and the responsibility. The exception of the privity break through these three aspects, its application founds on a premise that the third party of the contract should enjoy rights or burden duties. The third party enters into the contractual relationship that has enriched the contract law and promoted the development of regulations of contract law.The reason caused these changes is various. Firstly, the contract law generates a set of exceptional regulation just a result of the development of the contract law. Secondly, we can get two more important factors through the analysis based on the theory of Economic Analysis of Law and Sociological Jurisprudence. There generated the exceptional regulation as the contract law pursues the value of profit, but the privity of contract remains its fundamental status. Thirdly, for pursuing the value of autonomy of the will and the social order, the interrelationship between the privity of contract and its exception are influenced enormously. The autonomy of the will lies in private freedom and private profits; it is a very important factor for economic development. The compulsion of law reflects whole interest of the society, aims at maximizing the benefits of the society, and imposes restrictions on private freedom. Chinese contract law has been equated the two legal values all its history, though the contract law has always showed great respects to autonomy of will and expanded the freedom of contract, but the present conditions still behind the need of economic development. So, our contract law should combine the right standard and the social standard, especially legislative rules should embody the ides of autonomy of will.On the base of analysis of the conceptions and legal values of the privity of contract and its exception, for seeking the experiences which could be benefit to our legislation, this thesis draws a comparison in west law system. Furthermore, the thesis makes a deep analysis on the system of performance of Contract, preservation of creditor's rights, real right tendency of leasehold and third party beneficiary contract. Then categorized the exceptions and tried to regulate it by applying different legal norms.The last part of the thesis analyzed the deficiencies of our contract law and turned over to think of relevant systems. To perfect our contract law, the article used a method of analysis based on "rights and obligations", and offered three points. First, to regulate new legal relationship, the common regulations should be created by means of legislation. Second, analyzed the third party's rights and obligations, and then defining the relationship between parties of contract and the third party with a view of distributing the rights, obligations and duties. Third, the article provided same proposals for the system of special contract. In a word, through analyzing and thinking the privity of contract and its exception, we hope the contract law can be perfected, so as to meet the need of practice of contract and judicatory, and then achieve the equity between social order and individual freedom in the field of contract law.