The Third Interest Of The Validity Of The Contract Of Basic Research

In both Civil Law System and Common Law System, contract benefited to the third party plays an important part in the field of contract. It breakthroughs the traditional principle—privity of the contract , and endows the third party with contract rights besides contract parties, so its validity basis can not be completely explained in the traditional theoretical framework. This paper just researches the special validity basis of this kind of contract in the view of function.This paper consists of three sections-preamble, text and conclusion.The section of preamble mainly introduces the background and meaning of this paper. The current research situation in this field, methods of research, structure of discussion and so on are involved. A prerequisite explanation of author's research is expected.The section of text includes five parts.The first part focuses on the analysis towards concepts of contract benefited to the third party. Firstly a general defination of contract benefited to the third party is given, to clarify the differences and relationship of contract benefited to the third party, contract benefited to the third party in a wild meaning and the third beneficiary clause. Contract benefited to the third party discussed in this paper is not the third beneficiary clause itself, but involves it. Then through the comparison of contract benefited to the third party and the relative systems as well as the analysis towards the internal effect and external effect of it, an deeper understanding of contract benefited to the third party is supplemented, which provides the necessary introduction of system for the following analysis.The second part pays attention to exploration of contract benefited to the third party in view of comparative law. This part gives a comparative research of its sources in both Civil Law System and Common Law System and the current design of system. It not only exists as a development from the first part, adding a comparative view to the conceptual analysis of contract benefited to the third party, but also provides...