The Research On The Effect Of The Contract For The Benefit Of Third Party

The formation and the development of the classical contract theory are the product of specific historical period, it is the combined result by the modern economy, politics and the culture. But as the time passed by, especially in the 20th century, the relative and successive transaction substituted the closed and the independence in transaction. Privity of contract doesn't meet the demands of the safety in transaction and the balance benefit. So the exception of privity of contract comes into being in society. The contracts for the benefit of the third party has the function of decreasing the economic burden and saving the social production costs, facilitating the economic circulating costs, looking after the third party, and maintaining the benefit of the third party.The contracts for the benefit of the third party has been accepted by all countries. But the contracts for the benefit of the third party also has its background. The economic basis transforms from the free economy into the complex market economy, the thought and politics transforms from the individual standard into the social standard, in addition, the society needs to safeguard the benefit of the third party urgently, cause to acknowledge the contracts for the benefit of the third party which has become the international tendency.This paper consists of four parts: Part I: Firstly, the thesis introduces the conception and function. The thesis compares the conception of the contracts for the benefit of the third party with other interrelated conceptions. Simultaneously, the thesis analyzes the current situation of the contracts for the benefit of the third party in our country. Because of many flaws, it is necessity to analyse comprehensively in order to instruct the legislation and the practice. Part II:The part analyzes the production background of the contracts for the benefit of the third party. Firstly, it explains the contracts for the benefit of the third party is the breakthough of privity of contract. Then, it analyzes the production background of the contracts for the benefit of the third party from the theory and the reality. Part III:The part analyzes the potency of the contracts for the benefit of the third party from the legal component, effective component, legal relationship, and potency content . Partâ…£:The part mainly discusses the present situation from the judicial aspect in our country, and proposes the legislation suggestion.