A Study On The Contract Of Protection Of Third Party

Two legal systems follow the privity of contract from Roman law. But with the development of society, the principle has gradually revealed its deficiencies in practice. Then various systems which break through the privity of contract appeared one by another. Vertrag mit Schutzwirkung für Dritte which stemmed from the German case law is another example of challenging the privity of contract. It is designed to protect the third party who has special relationship with contract and make modification to the principle that relationship of rights and obligations in the contract occurs only between the parties. It makes the contract has effect on the protection for the third party.This essay’s general idea is legal analysis, necessity of reference to Vertrag mit Schutzwirkung für Dritte, comparative analysis and the legislative suggestion of establishing Vertrag mit Schutzwirkung für Dritte of our country. First the essay points out that the basis of this contract is the collateral obligation that is built on the principle of good faith. Secondly, it further analyzes necessity of reference to Vertrag mit Schutzwirkung für Dritte in judicial practice and theory. The former analyzes the various existing problems in dealing with the cases in judicial practice in China and indicates that Vertrag mit Schutzwirkung für Dritte can solve problem. The latter analyzes Vertrag mit Schutzwirkung für Dritte is beneficial to the development of privity of contract, make up the deficiency of contract for the benefit of third party in protecting the third person and exert the liability for breach of contract and tort liability’s respective institutional advantage. Finally, on the basis of reference to foreign legislation and cases, this essay puts forward the legislative suggestion of establishing Vertrag mit Schutzwirkung für Dritte of our country. This part not only includes discuss of general legal issues, such as constitutive requirements,applicable contract types, stage of contract, but also includes study of comparative special legal issues, such as the basic of the requesting right, related litigation issues and draw a conclusion. This essay intends to protect third person’s rights and interests better and make up for the deficiency of the provisions of the professional persons’ consultation responsibility of our country.