Study On The Contract Of Beneficial Third Party

Since the 20th century, the relative and successive transaction substituted the closed and the independence in transaction in the 19th and becomes the new economic ground for the contract law. With the expansion of modern transaction, the development of public interest, the emphasis of socialized contract, the performance of these contracts inevitably involve the benefit of the third party. The contract of beneficial third party is build on such background and is one of the most important contract shapes. It's core lies in the question of the validity to the third party. Considering the importance of the contract of beneficial party, this paper will mainly focus on whether the contract of beneficial party is stipulated on Article 64 in Contract Law of People's Republic of China, through analyzing the definition and characteristic of the contract of beneficial of third party.This paper consists of three parts: Introduction, Main Text and Conclusion.Introduction: The simple description of the changes of the theory in new economic era, and exploring of the main topic.The main text has these following six chapters.Chapter one: Outline of the contract of beneficial third party. First, the author introduces the meaning and types of the contract of beneficial third party. It means that the debtor promises creditor to grant the third party a right. Second, the paper analyzes the relationships which is included in the contracts for the benefit of the third party. Finally, the paper concretely elaborates the legal characteristics of the third party beneficial contract.Chapter two: Through the synthesis description of present situation of the legislation in both law systems, we can see that either the continental law system or the Anglo-American law system admits the contract system in different ways. The acknowledge went to the Third-party Beneficiary Contract has become a new development tendency in modern Contract Law. It is necessary to establish the Third-party Beneficiary Contract system in China by referring to some interrelated stipulations.Chapter three: By comparing the Third-party Beneficiary Contract with other similar regulations in the"Civil Law", the article shows the contract extension from the other side, which gives us a more clear idea of its feature.Chapter four: To become effective, the Third-party Beneficiary Contract need special important document besides the basis element of being established and effective of the common contracts.Chapter five: The dissertation elaborate the theories of the validity of contract of beneficial third party to the third party, creditor and debtor and emphatically expounds the specific contends of validity to the third party, the rights and obligations of the third party.Chapter six: the current situation of the contract for the benefit of the third party and legislation suggestion. This paper explains List 64 in Contract Law of China. The author deems the list cover two completely different categories of contracts of beneficial third party and the contract of authorizing the third party, and our country shall perfect related civil legislation.The last section is conclusion of this paper based on theory, legislation and practice.