Research On Contract For The Benefit Of Third Person

The doctrine of the privity of contract, as an important principle of classical contract law, ensured the development of economy and progress of social civilization. However, with the prosperity of trade and development of market economy, the contract relations become increasingly complex, and as a result, the doctrine of privity of contract has been challenged ceaselessly. The emergence of the contract for the benefit of the third person, as an example of the challenge, is anything but haphazard, and it becomes a hot issue to research on the theory of contract for the benefit of the third person. This thesis, adopting the research methods of comparison and history, tries to probe into the general rules for the contract for the benefit of the third person, and thereby puts forward some proposals for amending the contract law or drafting the civil code in future in China. After having elaborating the concept, character and differences between other related concepts of the contract for the benefit of the third person, having analyzed the foundation and value of existence, and having probed into the origin of the right of the third person in the contract, the author takes further step to analyze the validity of the contract, especially the rights and obligations of the third person and contracting parties in the contract. By means of the theoretical study, the thesis thinks it is instant needs to establish the general rules for the contract for the benefit of the third person from the aspect of legislation in our country. Therefore, facing the present situation of legislation in China, using the experience of overseas for reference, the author tries to design the rules entirely from the aspect of the structure of legislation of the contract for the benefit of the third person, the modification of the content and the creation of provision of the contract law.