Study On The Third Party Beneficiary Contract

Contract, being the agreement between particular parties, is effective in principle only between those who subscribed it. But as economic deal becoming more social and complicated, people out of contract has been involved in the performance of contract. As a result, the relative principle of contract cannot balance the interest of parties. Now more and more kinds of contract are specially made for the interest of the third party, and these contracts are named for the contract for the benefit of third parties, in which one party restrict the other to pay for the third party and therefore the third party gain the direct right of claim. The contract for the benefit of third party is not an inherent kind of contract and it is the same as other kinds except being accompanied by the article of the third party. Establishing the system of the contract for the benefit of third parties can embody the parties'will, improve efficiency and reduce the litigation cost , furthermore it also protect the interest of the third party's belief in the modern society. But this system is not mature in China as though there are only several provisions involved it in the some special laws. And the common rule of the contract for the benefit of third party is not established. Thus it is necessary to make further study on it. This article analyzes the system of the contract for the benefit of third parties, tries to find the general rule of it and make some proposals about perfecting current the system of the contract for the benefit of third parties.This article has five parts except the prelude and postscript.The first part brings forward the contract for the benefit of third party on the base of setting forth the relative principle of contract, moreover analyze the concept and character of it and its theoretical base on which it is accepted by society from comparative method.The second part researches the birth and growth of the contract for the benefit of...