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The Interests Of A Third Party Contract Research

Posted on:2007-05-18Degree:MasterType:Thesis
Country:ChinaCandidate:B LiFull Text:PDF
GTID:2206360185972477Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
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. The contract for the benefit of third party is an exception of the doctrine of privies, which gives third party the right to enjoy contract rights. Nowadays, the contract for the benefit of third party has been established by the legislations and legal precedents of many countries and districts in the world. The contract for the benefit of third party is extensively applied in social economic exchange. This contract has some unique values: the third party has the right to directly acquire performance. It can shorten the process of performance, save the transaction cost, safeguard the reliance benefit of third party and contribute to realize the special purpose of the parties.The contract for the benefit of third party is not a particular type of contract, but it is a common contract, which contains the terms of the benefit for third party. From the view of third party, it is named the contract for the benefit of third party. But the parties of the contract for the benefit of third party yet are promisor and promisee, the third party is not the contract party. So it is not necessary for third party to have capacity to contract, to make acceptance, even to know it, when the contract is made. But the third party must be determined when the contract is performed. The contract for the benefit of third party must be determined when the contract is performed.The effect of the contract for the benefit of third party has specialties. Once third party accepts the rights given by the contract, the rights will be definite inviolable and limit the parties rights. The parties have no right to change or revoke the contract, if third party does not agree. Third party has the rights...
Keywords/Search Tags:contract for the benefit of third parties, creditor, debtor, third party, directly acquire the right to demand performance
PDF Full Text Request
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