The Interests Of A Third Party Contract Research

The contract for the benefit of the third party becomes more general in daily life with the economical relations'Complexity. But there are barely legally rules in civil law and contract law of our country. This thesis aims at elaborating the effectiveness of the contract for the benefit of the third party through analyzing legislation and legal precedent of various countries and analyzing several questions in constructing the system of the contract for the benefit of the third party from our country's legal situation and other country's legal practice. The author put forward suggestions for legislation from the angle of macroscopic and microscopic.Besides the introduction and the Conclusion, this thesis can be divided into five parts: Chapter One: The general theory of the contract for the benefit of the third party. Firstly, the author elaborates the meaning of the contract for the benefit of the third party, indicates the characteristics of the contract and compares it with other related concepts. Secondly, introduce three constituents of this contract, so to elaborate the meaning of this contract more specifically. Thirdly, the author analyzes why this contract should exist and its value: it propagates the freedom of contract; protects the trust benefit of the third party; enhances the efficiency and saves the transaction cost.Chapter Two: The legislation of the contract for the benefit of the third party. Firstly, the author introduces the relativity of this contract and its processes of establishment in two big legal systems. Thirdly, the contract for the benefit of the third party was studied comparatively. The author reviews the status of this contract in some countries of Common Law Legal Family and the Roman Law Legal Family.Chapter Three: the effectiveness of the contract for the benefit of the third party. This part analyzes the rights and duties of contractual parties and a third party thoroughly. And the author also gives a brief introduction on the invalid and cancellation of this contract. Chapter Four: The present legislation and legislative proposition of the contract for the benefit of the third party in our country. Firstly, the author makes a comment on the legislation of the contract for the benefit of the third party. The scholars generally believe,the clause 64 in our country's Contract Law is not the real rules of the contract for the benefit of the third party. Thirdly, the author makes a comment on the present situation of this contract from the view of legislation and jurisdiction. Base to other scholars'research, the author put forward legislative suggestions on the making, the changing and the termination of this contract.