Study On The Contract For The Benefit Of Third Party

To this day, the overwhelming majority of the civil law countries and states have been of the opinion that the contract for the benefit of third party is a kind of special legal abstract. Involving this subject, most papers usually study under the premise that the contract for the benefit of third party is scientific and good enough. Then they focus on the validity and inscape of the system. In all, they mainly carry on a tiny view research. However, this thesis wants to carry on a macro view analysis by comparative, historical research methods. It wants to find out the being value of the contract for the benefit of third party, research and analyze some hot controversy problems under the frame of the general introduction of the Contract Law in our country, figure out whether it is necessary to enact this system in the general introduction of the contract law in our future civil code, and if necessary, how to set up the structure.Besides the preface and epilogue, the paper consists of the following four chapters:Chapter one affirms that the contract for the benefit of third party is an independent exist of contract. Then it defines the huge difference between the system on talk, which has not only the characteristic of satisfaction towards third party, but also could endow certain right to the third party and the system of performance towards third party. It puts a stop to the distinction of the system from the broad sense, narrow sense.Chapter two mainly searches out the being value of the contract for the benefit of third party in the historical progress. Compared it to the social and jural practice in our country, we could draw the valuable experience and verify the practical significance of the enactment of the system, especially in the case called fulfillment after the death of one party.Chapter three mainly settle down some difficult problems based on the enactment of the contract for the benefit of third party. Firstly, it definitely put forward that it is different between the case of endowing third party some right through the contract based on the consensus of the two parties and that of obtaining the right .Secondly, it considers the clause of third party beneficiary is one part of the contract. It unify the conditions of founding and vesting of the contract and that of obtaining right by third party. Furthermore, this section discusses the main body of the rescinded right and put it under the jurisdiction of creditor.Chapter four is the review and summary. Based on the compositive compare of the legislation and theories at home and abroad, this section sets the contract for the benefit of third party in the general introduction of the contract law in our future civil code, and puts forward my exact opinions on the legislation..