Some Discussions About Contract Benefited To The Third Party

The contract is the binding agreement between the specific parties. With the development of the society and economy, the contract relationship is becoming much more complicated; many countries have set up or acknowledged the system of contract for the benefit of third parties in some extent. This system can shorten the procedure of performing,litigate the lawsuits, raise the efficiency, reduce the social cost, and assist the third person. But our country hasn't paid more attention to it so far, although there have been relevant existing systems in some special laws. The author will make theoretical research combined with cases and practice, based on which he put forward his own points of view about some concrete problems.The section of text includes five parts.The first part focuses on the analysis towards concepts of contract benefited to the third party. By introducing the historical progress, a general definition of contract benefited to the third party is given, and the concept of contract benefited to the third party has been clarified. The author also discusses the relationship and being conditions of contract benefited to the third party.The second part makes definite on some typical contracts benefited to the third party. According to the first part, this paper explores the validity basis of three different kinds of contracts benefited to the third party and gives some questions.The third part talks about the third party's legal statues. According to the first and second part, the author does more research in the third party's statues and rights. Also answer the questions about restitution of unjust enrichment, inheritance and negotiation of the third party's rights.The forth part explores validity basis of contract benefited to the third party. Then the author introduces the privity of contract. The author considers contract benefited to the third party as a breakthrough of relativity of contract. Based on it, the author also considers traditional validity basis theory-Will- Decision Doctrine provides enough foundation for explaining validity basis of it; and does some research in the purpose of the contract.The fifth part evaluates our country's relevant systems. Through the analyzing Clause 64 of our country's Contract, the author puts forwards his view: the general provisions of contract benefited to the third party have not been established, but it is acknowledged in particular law. Our country should stipulate it in the civil code.