Study On Third Party Beneficiary Contract

In the interests of a third party contract research, with regard to the interests of third parties definitions of the contract, the nature of the elements and the force of law, civil law countries formed basically the same as the theoretical basis. That is, the interests of a third contract; the contract is the agreement of the parties, the direction of a contract of third parties other than the man who made the third payment obligations on the person's direct request for the right to contract. It is the exception to the principle of relativity. Introducing the historical progress, cause of appearance and the development of the contract of beneficial third party: the article identifies the legal feature and status of the contract through analyzing the relation between the contract and the principle of private of contract. The import role of the contract is then rightly manifested by analysis on its social function. In addition, the elements of the contract and its legal force reflect the contract's legal function and working process in social reality. The section of preamble mainly introduces the background and meaning of this paper. The current research situation in this field, methods of research, structure of discussion and so on are involved. A prerequisite explanation of author's research is expected. For the provision, and some view China's Contract Law's Article 64 stipulates that a third person has not given any legal status and therefore cannot be considered as a third-party interests of the contract.