Study On The Validity Of The Contract Benefited To The Third Party

As an exception to the principle of relativity, the validity of the contract benefited to the third party has deep theoretical roots and practical value.The general effect of the contract benefited to the third party has not been recognized in China, requiring the improvement in theoretical research as well as the establishment of the system. Starting with an attempt to investigate the legitimacy of the effectiveness of third-party interests contract from a theoretical point of view, the thesis tries to analyze the value of a the validity of the contract benefited to the third party system, and at the same time to propose some suggestions on improving the establishment of our the validity of the contract benefited to the third party after drawing lessons from relevant legislation overseas.The body of this article is divided into four parts, as follows:The first part focuses on the jurisprudential analysis on the validity of the contract benefited to the third party. Through the analysis of the essential elements in Causality in the validity of the contract benefited to the third party, to present a general picture of the basic theories the validity of the contract benefited to the third party.The second part focuses on the regulations and enlightenment of the validity of the contract benefited to the third party in different countries.The third part analyzes the status quo of the present legislation in China and points out the major problems in it. Although the special law involved in some provisions about the validity of the contract benefited to the third party, but they are too simple with the lack of effective relief on the validity of the contract benefited to the third party.The fourth part proposes some suggestions on improving the effectiveness of the validity of the contract benefited to the third party. The obligation and scope of compensation for both parties to the contract with the third person in breaching the contract should be defined, focus should be given on the balance of interests of different parties.