On The Protection Of Validity Of The Contract To Third Parties

The relativity of contract, being a basic rule of contract law, consists of basis on the system of contract law. The rule is very reasonable in ordinary things. But at some time, it will be in trouble. For example, someone hired a flat of house, in hiring period, for lessor's fault, the lamp, dropping from floor, broke lessee and his wife. Obviously, at this time, lessee may acquire right by contract law or tort law, but lessee's wife is miserable, because she can acquire only by tort law. The same damage can not be acquire samely. It is unfair. So, in German, someone prefers to prefect stranger by contract law. Author can not help being interested in it. So, in the article, author introduced it in greater detail.The first partition: preferring to problem.In the partition, author analyses the challenge about contract's relativity in the end of nineteenth century. Just so, people didn't inisist that contract is only suitable in parties. People believe that it is possible to help stranger by contract law.The second partition: history of perfecting stranger by contractIn the partition, author states the history to perfect stranger by contract.The third partition: the theory basis about perfecting stranger by contract lawIn the partition, author firstly research honest and credit, just that honest and credit is suitable cordially in the theory and trial, people analyse contract's duty again. So, in law theory, accidental obligation is created. Finally, perfecting stranger by contract is created. But a new rule will change tradition. But a'uthor thinks it is suitable. It is implied but changed the tradition.The fourth partition: To design the new ruleIn the part, author analyses the value, identify the rule'sreasonable and prefers the new rule's design.The endAuthor thinks that in trial, contract law and tort law should be adopted. How to suit it, author think that the selected right should be decided by the victim, 'because the civil law is right law.