Benefit-Protection Rules Of The Third Party Beneficiary Of The Contract For The Benefit Of Third Party

Promisor, promisee and third party beneficiary are relative with the contract for the benefit of third party. But because of the principle of privity of contract, the rights and interests of the third party beneficiary have been weaken. The rights and the obligations of the third party are also blurry. When the contract is invalid, withdrawn, rescinded or the promisor or promise breaks of the contract, the third party will suffer and it is hard to be redressed. In our country the prescription of the new contract law is blurry. Further research is needed in view of the benefit-protection rules for the benefit of third party and in view of incomplete understanding in China towards it.The paper focuses on the benefit of third party, and discusses the rights, obligations and the benefit-protection rules of the third party beneficiary by historical, comparative, explanation research methods. In the end, according to our current provisions and experience of foreign countries, the paper puts forward some legal suggestions for the construction of the legal system in our country.The paper is divided into four parts:Chapter one mainly analyzes the fundamental problems about the third party beneficiary contract for the benefit of third party. Further more, discusses the meaning, characteristic and the classification of the third party and its rights and interests.Chapter two stands at the theoretical foundations of system of validity of contract for the benefit of the third party, and alalyzes the condition of the third party beneficiary's benefit. And discuss the rights and obligations of the third party beneficiary.Chapter three is the core of the paper. It discusses when the contract is invalid, withdrawn, rescinded or when the promisor or promise breaks the contract, how to protect the benefit of the third party. According to the theory of civil law, try to keep the balance of the promisor, promisee and third party beneficiary. That is, promisor and promise must respect the will of the third party beneficiary when they use their contracted rights. And the rights and interests of the third party must be redressed reasonably in time.Chapter four mainly examines current provisions in our contract law, indicating its defect and giving some advices for enacting third party beneficiary contracts system. Chinese contract law doesn't stipulate the system of validity of contract for the third party's benefit to the third party. The future civil law code must focus on the benefit of third party, confirm the general rule of contract for the benefit of third party and shall prescribe how to perform the contract for the benefit of third party and how to protect the benefit of the third party in detail, meanwhile it shall further improve related separate legislation.