On The Validity Of Contract For The Third Party's Benefit To Third Party

The relativity of contract is an important doctrine in classic contract law, however with the gradual complexity of economic relationship and socialization of contract, to firmly observe doctrine of relativity of contract cannot adapt to the multi requirements of complicated social economic life. The acceptance of contract for the third party's benefit not only originates from the esteem of party's will and enhancement of the spirit of autonomy of private law, but also it is objectively required by social development. It is beneficial to protect for the third party's reliance interests, and it can effectively decrease procedural cost and realize social justice as well.Contract for the third party's benefit firstly realizes the reasonable breakthrough to relativity of contract. It is a kind of contract that contracting parties entitle the third party the claim to directly obtain payment to debtor in order to make third party outside contract benefited. Its core lies in the question of the validity to the third party. This dissertation bases on determination of the validity of third party in contract for the third party's benefit and evaluation on the theories about validity of third party in contract for the third party's benefit in some countries, puts forward the theory of the validity of contract for the third party's benefit to the third party, analyzes the constitutive requirements of validity of contract for the third party's benefit to the third party, and emphatically expounds the specific contents of validity to the third party, the rights and obligations of the third party.In order to perfect related civil legislation of our country, the author holds that our country shall confirm the general rules of contract for the third party's benefit in the Civil Law Code which is about to be...