Contract Theory Of Relativity Analysis

The doctrine of privity of contract is a very important constitute in the traditional contract law theory.It means that the efficacy of contract only aims at contracting parties, ank only they enjoy contract appointed right or appointed obligation and responsibility. The contract can not produce efficacy to the third person. It is obvious that, what the relativity of the contract is emphasized is that the contract only produces the law sanction between the specific two parties who sings the treaty, and repels the third person out of the validity of the contract, for the third person has no right to advocate the rights of contract, and should not shoulder the obligation and duty of the contract. Practice, however, indicates that under some circumstances, if abide by the sttict doctrine of privity of contract, the interests of contracting parties must be damaged, especially of the third person. Just because of this, the contract legislation of various countries and the practice of justice develop a kind of revised theory in succession that admits, under specific circumstances, the contract can produce efficacy to the third person. This is a so-called exception to the doctrine of privity of contract in theory.After the argumentation of jurisprudence authority of the doctrine of privity of contract, the text gives the wide coverage to probes into the exception to privity of contract. On the basis of this, the following conclusion and proposal can be drawn that the instructive meaning of the doctrine of privity of contract in contract law and practice should not lose because of the appearance of exception, but in the meanwhile, we must seriously research the difficult problems that this theory meets during the developing and changing social practice, and appropriately acknowledge some exception system in our contract law, thus the contract law can keep a kind of benign interdynamic relation with the social life.