Research, For The Interests Of A Third Party Contract System

The doctrine of privities means that contract relation only restrains contract parties. Anybody, who is not a contract party, neither enjoys contract rights, nor bears contract obligations. With the development of the society and economy, the contract relationship is becoming much more complicated, which has led to an awkward situation in practice, i.e. the person who suffered from loss or damage has no right to bring a lawsuit against the defendant on the contract, while the party who has the right to enforce the contract, is unwilling to do that because of no damage. In order to solve the problem, various countries have set up or acknowledged the system of contract for the benefit of third parties to some extent. To establish such system is necessary in consideration of the lawful realism, contractual liberalism, maintaining credit interest and economism. However, contract for the benefit of third parties has not attracted adequate attention in China. It is far from consummate, although there do exist some regulations related to it in some special laws. The author of the present study attempts to conduct some research on the Principles of International Commercial Contracts(2004), and thereby explore the general principium and systematic value of contract for the benefit of third parties. At the same time, the author also intends to throw some lights at some concrete practical problems under some theoretical framework, and hereby draw some conclusions, and make some suggestions for the establishment of such system in our country.The first part elicit by the Principles of International Commercial Contracts(2004), and has proved that this system is an inevitable choice through the history of the contract for the benefit of third parties and legal analysis of it. The doctrine of autonomy of intentions hinders the system as well as plays the role of catalyst during its development.