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The Interests Of A Third Party Contract Research

Posted on:2009-07-31Degree:MasterType:Thesis
Country:ChinaCandidate:P S YangFull Text:PDF
GTID:2206360272483810Subject:Civil and Commercial Law
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The contract is the agreement between specially appointed interested party,the interested party develops a legal effect in the contract in principle only,is the contract relativity principle.Association connection is gradually close but with economy,developing trend that the association form diversifies,relativity principle does not already adapt to society development of the economy if keeping a contract strictly.Therefore the contract for the benefit of the third party,has arisen at the historic moment, has been in upper legislation admitting that.The contract for the benefit of the third part is to point to interested party convention,one third people outside direction.But,in our country the contract general provisions, embodies to some extent in not having in "the contract law" about third people benefit only in a few special laws.This is be harmful for our country legal institution's to perfect and perfect,that our country drafts a civil code at present,in course of,the contract is in progress to third people benefit now to discuss the system drafting a civil code and perfecting a contract to our country is very necessary.There are four parts in this article.PartⅠis the the contract for the benefit of the third party's summary,the contract concept,sets up important condition,the effect and the main types.PartⅡis that this one base hair develops the need introducing that,with economic and social development to the contract relativity,is third people benefit to this as soon as principle breaks to some extent,representative the contract turn up,and third people benefit the contract rationale and value function development comment that. PartⅢis the contract relevance regulation introducing that the main country relates to third people benefit in UK-US genealogy of law and continent genealogy of law two fundamental laws departments.PartⅣis pair of our countries at present third people benefits the contract current situation analyses suggestion on legislation brought forward by sum. Author's viewpoint is that our country has no at present still third people benefit the contract general provisions,responds to the regulation that the contract does out as soon as possible definitely to third people benefit,to ensure contract system improving and perfecting.
Keywords/Search Tags:relativity of the contract, the third person, the contract for the benefit of the third party
PDF Full Text Request
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