Research On The Third Party Beneficiary Contract

As the main basic principle of contract law, the relativity principle of the contract makes the classic contract theory, freedom of contract, and autonomy of will be accepted and supported. They are the basic principles of private law and construct the private law system, providing important safeguard for the development of economy and society. However, with the prosperity of trade and the advance of marketing economy, contract relations become more complex, the relativity principle of the contract faces much challenge; The third party beneficiary contract is an example. It breaks through the traditional relativity principle of the contract, enriches the autonomy of will, and becomes necessary legal tool in modern trade. The research and attention about The third party beneficiary contract is hotspot in every country. This paper does the research of The third party beneficiary contract from the comparative and historical view, trying to find the general rule of it, hoping to do some work for the unification of our country's legal system.This paper is constituted of preface body and conclusion.The preface part is about the background and significance of the thesis, and it includes institutional function, research actuality of The third party beneficiary contract and the writing plan.The body contains four parts.The first part, the evolvement and ascertainment of The third party beneficiary contract. First is the compare and analysis of the development of The third party beneficiary contract in continent law and Anglo-American law system, proving that the emergement of it is the requirement for the improvement of the legal system by social reform. Basing on this is the view of comparative law. And then is the ascertainment of The third party beneficiary contract, which explains that The third party beneficiary contract is not specific and independent contract, it is the abstract contract that transformed from other basic laws. When the contract party promises the third party interests and endow them the right of direct request, the contract content changes accordingly to The third party beneficiary contract. Every contract fulfills certain condition can be The third party beneficiary contract. So besides the jural behavior of basic contracts, the third party interests terms should be valid. At the same time, this part makes the compare of Auxiliary contract for protecting the right of the third party , assignment of credit and performing the obligation by a third party which is easily confused with The third party beneficiary contract.The second part, the institutional function of The third party beneficiary contract in theory and in practice. First, The third party beneficiary contract not only breaks through the relativity principle of the contract, making the third party included in the contract force, but also develops the kernel of private law---- autonomy of will, which achieved the balance of freedom of contract and social justice. Second, in practice, it embodies that contract is the tool for aim and value, and gives win-win, just and safe atmosphere between the legal scope and the party. The function of The third party beneficiary contract is the precondition of its widely use in modern trade and the lawmaking for it.The third part, basic issue of The third party beneficiary contract. It includes analysis of the consideration relation, the cause relation and the relationship between offering and paying which support the third party beneficiary contract. Also the third party beneficiary contract is different from common contract for the existence of the third party interests in the parts of debtee, debtor, the effects on the third party and contractual liability. the rights and obligations of the party are limited after the third party makes the willingness to accept it.The forth part, the thinking about the improvement of the third party beneficiary contract. Seeing about the active legal system, this part analyzes the deposit institutions in the disputed contract law, and thinks that there is no basic rule for The third party beneficiary contract in China. But the widely use of it in the fields of insurance, freightage, intrusting and bank and the acceptance by special law of it result that the legal system of China falls into disunity. The lack of the guidance of basic principle, and also the simpleness and decentralization of special law result that the third party interests lack the legal safeguard. So the establishment and improvement of the third party beneficiary contract system is stared in the face. Consulting the legislative model of continent law, and associating it with the situation of China, the writer puts forward suggestions--- After the improvement of basic principles of civil law, there should be particular regulation in the contract law, and then the modification of the special law which keeps the preciseness of legal system, and also the remark of the judicial interpretation.