The Interests Of A Third Party Contract Research

The subject of this dissertation is contract for the benefit of third party, the contract for the benefit of third party is not an inherent kind of contract and it is the same as other kinds except being accompanied by the article of the third party. And these contracts are named for the contract for the benefit of third party; in which one party restrict the other to pay for the third party and therefore the third party gain the directly acquire the right to demand performance. The first part, explores the historical development of contract for the benefit of third party, and provides regulation and background basis of this system. The second part analyses on the contract for the benefit of third party in terms of jurisprudence. Contract for the benefit of third party, discussed in this part is not the third beneficiary clause itself, but involves it. Analyzing the theoretical foundation of the contract for the benefit of third party, establishing the system of the contract for the benefit of third parties can embody the parties' will, improve efficiency and reduce the litigation cost, furthermore it also protect the interest of the third party's belief in the modern society, so the system is extensively applied in social economic exchange. These analyses of contract for the benefit of third party could help us to make difference clearly between it and the other system for the third party's interest. The third part enumerates the constitution of the contract for the benefit of third party, firstly analyze the basis relationship of the third party beneficiary contract, on this base, and discuss the essentials constituting of the contract for the benefit of third party. The fourth part defines the effect of the contract for the benefit of third party and the importance is the right of the third party. The effect to the party of the contract is also discussed. At last, analyzes the current legislation conditions of contract for the benefit of third party, in China and advances the suggestions to perfect it basing on the analysis.