Altruistic Contract Inquiry

The beneficial contract for the third person is an important principle of the contract system in China. With breakthroughs to the relative theory of contract, the two dominant law systems have admitted general meaning of the beneficial contract for the third person, nevertheless, neither the civil law of the People's Republic of China nor the contract law of the People's Republic of China has such regulations. Based on the experience from the two dominant law systems, the definition of the general sense of the beneficial contract for the third person is an important aspect yet to be improved concerning our future civil law. This article is mainly concerned about the establishment and breakthrough of the relative theory of contract, conception, characteristics, formation, basic relation, contract efficiency and latest development in Europe and de facto in China.