Study On The System Of The Contract For The Benefite Of Third Party

At the beginning of contract, the principle of privity of contract shows that the effect of contract only involves the parties of the contract not the third party. As the regulation and the system of contract, the privity of contract have been recognized and respected widely as the fundamental principle in common law and continental law. But with the development of the economy, Privity of contract doesn't meet the demands of the safety in transaction and the balance benefit. So the exception of privity of contract comes into being in society. The contract for the benefit of third party has been accepted by almost countries. In our country the draft of contract law had endowed the third party with the direct right of claim, but the prescription of the new contract law is blurry. Further research is necessary in view of the importance of the contract for the benefit of third party and in view of incomplete understanding in China toward it. That's also the intention of my paper.This paper consists of three parts: preamble, text and conclusion. The preamble focuses on defining the contract for the benefit of third party. Through this part, we get the point that the question discussed in the paper is of great theoretical and practical significance.There are three parts in this text:The first part, the author introduces the establishment and breakthrough of privity of contract in the two systems. The history educes that the privity of contract and the contract for the benefit of third party are apparently different, virtually consistent. This part brings the convenient to understand and grasp the third party theory and settle the academic base to research the effect to the third party.The second part expatiates on the effect of the contract for the benefit of third party. Various theories of civil law system on which the contract for the benefit of third party based are introduced. This part emphasizes the origin of the existence of the contract for the benefit of third party by the theory of the tenet of the civil law,...