Research On Contract In Favor Of A Third Party

The thesis takes the contract in favor of a third party as a research object, whichis also called as the contract for the benefit of third party or the contract benefited tothe third party. The thesis discusses the origin, function, legal validity and therelationship with the doctrine privity of contract of the contract in favor of a thirdparty by historical, comparative, explanation research method. And at last legalpropositions for the law of contract are raised up.This thesis is constituted bypreface, text, conclusion three parts.The section of preface mainly introduces the background and intention of thisthesis, current research situation in this field, and the social function of the contract infavor of a third partyto express author's original intention.The section of text is divided into five chapters:Chapter 1 made an overall introduction of the contract in favor of a third party.The concept of the contract, the legal relationship of the parties, the connection withthe contract related to a third party and the difference of other similar contracts arediscussed here. The keystone in this chapter is the latter two parts. The essential of thecontract related to a third party and the comparison with relevant systems help us tocomprehend the contract in favor of a third partybetter.Chapter 2 researches the constructure of the the contract in favor of a third party.The characteristics of the contract concerning the third party are also defined throughthe research.Chapter 3 concerns the legal validity of the contract in favor of a third party.This chapter expounds rights and obligations of the parties of the contract in favor of a third party. The modifiability, repeal and relief of the contract in favor of a thirdpartyis listed out as an important issue in order to explain it concretely.Chapter 4 is the kernel of the thesis. It discussed the connection between thecontract in favor of a third party and the doctrine of privity of contracts. Theconclusion must be cautious to be drawed because the contract in favor of a thirdparty is stipulated in general principles of contract law that the contract in favor of athird party is a breakthrough to the doctrine of privity of contracts. First of all, fromRoman law to modern civil law system, the understanding of privity of contracts iscontinuously developed. We should reflect on the doctrine. Secondly, by researchingthe essential of the contract, the requirement of privity of contracts is specificallycarry out specifically performance. And then, author came to an end that the nature ofthe so-called breakthrough or exceptions to the doctrine of privity of contracts is aconflict to value of justice due to cling to the outdated theory. And the contract infavor of a third party does not constitute a breakthrough or an exception to thedoctrine of privityof contracts due to its specific and consistent debtor.Chapter 5 is the introduction of the present conditions of our law and jurisdictions.It's indicated that the Article 64 of the contract law of the PRC is not the contract infavor of a third party and the legislation of the contract in favor of a third party isproposed.In the section of conclusion, author summarized that in order to perfect ourcountry's legislation in civil law, the general regulations on the contract in favor of athird party should be written in the code of civil-law in the future. And again thejudgement that the contract in favor of a third party meets the requirement of theprivityof contract is insisted.