On The Relativity Of Contracts And Its Exceptions

The proximity of contract is a very important constitute in the traditional contract law system. It means that contract only has the bidding effect to the contracting parties, and other party, which is not part of the agreement, shall not enjoy the right and assume the responsibilities. However, practice indicates that under some circumstances, abiding this rule would impact the benefit of contracting parties, or the third party. Thus, various laws and justice across countries have modified this principle. This is the exception of proximity of contract.The exception of proximity of contract is the modification and improvement of traditional contract laws. People have never stopped to do the research of the exception of this principle from the beginning, and have got fruitful results. However, most of this kind of research focuses on a specific exception rule, and lacks the digging of the true meaning by anatomizing theory on basis of the rules and common features of serious symptoms, and even the analysis of various of exception principles systematically, and bringing up suggestions for laws. The editor starts from the principles of proximity of contract, and its' practical improvement of the exceptions, defines the concept of this exception logically, and by the method of principle analysis, analyzes and discusses the key focus problems in law circle, and addresses some personal opinions.The dissertation contains three chapters. In chapter one, the editor discusses the principle of proximity of contract. Starting from the basic concepts and law relationship, with the analysis of principles of proximity of contract and research on laws from different countries, the editor discusses the relationship between indebtedness and contract and the proximity of contract building. With examples of two major law systems, it shows this principle is accepted by countries widely. In chapter two, the editor discusses the exception of proximity of contract. This covers the evolution process from proximity of contract to it's exceptions, and finds the supporting evidence from authoritative theories. On basis of this, the editor further discusses the definition of the exception of proximity of contract, and analyzes the detail lay principles. In chapter three, the editor gives suggestions to the existing law of China. The conclusion part emphasizes the major status of proximity of contract, and the necessity of exceptions of this principle.