Study On The Interest Of The Third Parties In International Sale Of Goods

International sale of goods is a kind of international transactions in goods, occupies an important position in international trade. As a kind of international sale of goods, this trade is usually established by buyers and sellers through signing the contract for international Sale of Goods. The contract for international sale of goods, also known as an international cargo transaction, it has its own characteristics. But no matter what, the contract for international sale of goods is a kind of contracts. Many of the fundamental principles of contract law will inevitably have an impact. Relative principles of contract law as a strong bastion also affect the content,framework and performance of the contract for international sale of goods. Acknowledging the relative nature of the contract including the contract for international sale of goods, shall not be called into question. But with economic and social development, the links between the commercial body is increasingly close. For the pursuit of business efficiency, breaking through the relative restrictions in contract including the contract for international sale of goods and directing the third party the right to make a claim against the debtor have become the trend of the times. Third party beneficiary contract theory is manifested in the field of international sale of goods. Namely an issue we must resolve that the interests of third parties with a direct interest in international sale of goods. Corresponding to the direct interest-related third party is the indirect interest-related third party in international sale of goods. Third parties, mostly for the international commercial activities beyond the scope of a country associated with the sale of goods and cargo transportation, goods transportation insurance and other areas of activities. To complete an international sale of goods, we must rely on the transport of goods by sea. To transfer the risk of loss for goods and means of transport and to ensure the safe operation of these property owners, marine insurance is also essential among each other. Thus one response is the important role of trade in services to trade in cargo, on the other hand, it reflects the essential role of international cargo transport and the insurance in international sale of goods, especially marine transport and insurance. As a third party with no direct interest in the international sale of goods and parties taking place in 1000 indeed silk ties with international sale of goods and both sides, the research on their interests have become another focus. This article will be based on international commercial law. From the perspective of international commercial law, it analyzed the interest of direct and indirect third parties involved in international sale of goods.The contract for international sale of goods is a kind of international commercial contracts. But as a widespread form of international commercial transactions, it has a few characteristics of its own. Particularly the effect, performance and unperformance of the contract of international sale of goods would have an effect on multy-interest related parties, including direct interest-related party namely the performance of the contract of international sale of goods that would make a direct impact on the personal and property rights of the third party. Also that the effect on the contract of international sale of goods to a third party, to introduce the third party beneficiary contract namely breaking through the relative principle of contracts. And indirect interest-related parties, which means their interests were not reflected in the contract of international sale of goods. But in the process of fulfilling a contract for international sale of goods, the behave between a third party and the buyer or seller or the occurrence of certain facts, the rights and obligations of the seller and the buyer of the goods take place with the third party. This article will define the scope and study the interests of the third party in international sale of goods. First, to study an issue we must know what the issue is. So this article dropping an eye on the concept of third parties in the contract for international sale of goods. Explained the reasons why this article will be limited to contract in favor of third parties and the international sale of goods with the parties involved in the marine transport and insurance and analyzed the reasons excluding the contract to a third party protection and transnational product liability to the third parties. Next, having the basis of research background, the second part of this article mainly analyzed the legal statues of third party which involved in the contract for international sale of goods, also namely the related third parties of international sale of goods, their rights and interests which in the process of the contract for international sale of goods can receive to protect, which also will receive to limit. Of course, this part is a generalization. The third part as the main body of this article introduced the legal protection of direct and indirect third parties in national laws and international conventions in the framework of international commercial law. In the international sale of goods, third parties that have a direct interest, this article would introduce the legal protection mainly from three angles, namely continental law system (mainly France and Germany), the Anglo-American law system (mainly British, United States) and the provisions of international conventions and practices (primarily the principles of international commercial contracts). And in the introduction of legal protection to third parties without a direct interest, basing on the former part of which were related to the international maritime transport and the insurance two perspective. It is to analyze some international common practice. Finally, the article proposed several disputes which were involved in benefit protection of third parties in international sale of goods. Then on the basis of analysis of these issues it put forward a suggestion for a solution.