The contract for the benefit to third party is a result with contract party intention .It contributes to protecting the benefits to the third party and realizing cost economy ,but it can't be achieved smoothly under the relative principles .The institution of contracts in favor of the third party has experienced the process in which it had been at first prohibited in the Roman law and finally admitted as the society developed .The contract for third party's benefit is recognized in the two major law systems . It is inevitable to protect the third party's benefit ,China's contract law should define the contract for third party's benefit .The paper analyses the existing base of contract for the benefit to the third party ,discusses the efficacy of it ,and at last ,provides contract legislation for benefit to the third party.
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