Third Party In Altruistic Contract

Since 20th century, productive forces has been expedited, the economic radical change has promoted the development of transaction, the economic life is becoming increasingly complex, it expresses in such ways as: frequency increases, a great variety, varied medium, prolonged time, space is opened up, hazard increase, the circumstances that third party is involved in contract rapidly increase, the market relationship linked with contract has emerged unprecedented extensiveness and complex. Being compared with the closeness and independence of trade lied a foundation in free economy in 19th century, the successiveness and connection of modern business has become the new economic foundation of contract law in 20th century. Scrupulously abiding by the contract relativism is more and more difficult to satisfy the demands to maintain social equilibrium, to realize judicial just, which is at a loss to handle enormous contract disputes, hardly guide economic association, hardly satisfy the demand of the day. Secondly, in modern market economy, the benefit body strives for maximum profit in the fierce rivalry, proper and unfair competition coexists, the market transaction is full of hazard, it is hard to defend the proper profits of the benefit body. In order to maintain the market economy order, to guarantee the proper anticipation of traders, the contracting validity is being enlarged gradually in many countries, so as to intensify the law binding force and protect third party. Thirdly, although the contact freedom is rational in some way, which is the basic principles and at the core of traditional contract law, it exposes many malpractices in modern society, it is regarded as a shield to lash proper order, an excuse for the strong to swindle the weak, an excuse to shirk responsibility, it is concrete condition for the party to abuse the contact freedom since 20th century. Therefore, we must impose restriction on contact freedom, there are many ways to go , one among them is to guard with watchful care third party, maintain the interest of third party, build rights and duties relationship between party and third party by means of rules and regulations, to balance the contact freedom and social just. Because of the complex of contract itself, this paper only makes a systematic study on third party in altruistic contract. This paper is divided into six sections. Section one is introduction, it makes definite to admit altruistic contract through analyzing realityand theory. Section two compares common law and statute law with Chinese law, it points that altruistic contract is an important type of contracts, many countries attached importance to altruistic contract and definitely stipulate altruistic contract and third party, meanwhile, China has not admited the regulations about admit altruistic. Section three analyzes the six aspects of altruistic contract : characteristic, important conditions ,system value ,law relation, execution and responsibility to break a contract. Section four studies the basic theory about third party in altruistic contract. Section five studies third party in other sixteen obligatory right, and compares them with third party in altruistic contract. Section six is conclusion of this paper based on theory , legislation and practice.