Study On The Breakthroughs In The Relativity Principle Of Obligation

The relativity principle of obligation is one of the most important principles in the law of obligation. It evolves all through the law of obligation and plays a role as footstone. But as the emergence of many so-called breakthroughs in the relativity principle of obligation, the role of the principle has been greatly challenged and there are a lot of people who support the breakthroughs of the relativity principle. They enumerate many cases of the breakthroughs, such as the rules that a third party infringes the creditor's rights, the no break of lease with bargain principle, the third party beneficiary contract, the third party beneficiaries of warranties expressed or implied, keeping-intact of debt, the real estate property preliminary registration rules and so on .The thesis is going to analyze all the cases above one by one, and affirm that the relativity principle has not been broken through.. We should stick to such principle.The thesis consists of two parts. The first section begins with the definition and the characters of obligation, discussing the basic concepts in the thesis– obligation and the content of the relativity principle.Obligation means the legal relationship that one certain party demands certain amount of payment from another certain party. Beginning with the definition of obligation, the thesis points out that the relativity of obligation is the certainty of obligation, including the certainty of creditor, the certainty of debtor, the certainty of contents, and the certainty of liability. The thesis also introduces the development of the theory of relativity principle. In the third section of the first part, the author discusses the structure of the breakthrough of obligation on the base of the content of obligation, and tries to analyze the phenomena of breakthroughs.The second part of the thesis is very important, including a lot of phenomena that embody the breakthroughs of the relativity principle. In the thesis, the author discusses the relations between the phenomena and the relativity principle. For example, when the author discusses the third party's infringement to the creditor's right, the author focuses on relation between it and the relativity principle, disproves the opinion that the third party's infringement to a creditor's right is the expansion of the effect of obligation and considers that it is not incompatible between it and the relativity principle, then the author denies the existence of the breakthrough on relativity principle. Following the analysis on the third party's infringement to a creditor's right, the author discusses the other phenomena of the breakthroughs one by one from section 2 to section 6. Except for section 4, the entire phenomena are not breakthrough of the relativity principle. In the contract to protect the third party's benefit, the author considers that asking for a third party to bear the liability only occurring when the contract is breached is a breakthrough of the relativity principle. But the author does not approve of the system, because it confuses the liability caused by contract with the liability caused by tort. The system does not suit the law system in China.In the epilogue, the author restates the importance of the relativity principle of obligation. The relativity principle is the fundamental principle of the obligation law. When we are innovating our system, we must stick to the principle and guard the footstone of obligation.