Theory Of Contract For The Benefit Of Third Party

The subject of this dissertation is contract for the benefit of third party. Contract benefited to the third party plays an important part in the field of contract,it endows the third Party with contract rights besides contract parties, and breakthrouhgs the additional principle—privity of the contract. Contract benefited to the third party has a profound theoretical root and practical value. This paper first discusses the theoretical of the contract benefited to the third party from its connotation, back to the root causes of third party rights, then analyzing the value of third party interests contract system,at last the paper forward legislative proposals For our country to improve the validity of the contract provisions third party interests.This paper consists of three sections—preamble, text and conclusion. The section of text includes four Parts.The first Part legal analyses a third person's benefits contract. This chapter expounds the characteristics of third party interests, think a third person contract is a contract in accordance with the interests of a third person due to acquire the creditor and the debtor and creditor's rights to contract directly enjoys the debtor pay claim to this system and contract and other similar distinguish between legal system, and study on the legal relation of third party interests contract. Through discussing the discussion of the object, determines the contract, made clear the specific content of the third party interests are introduced, its unique function of the preliminary understanding.The second chapter discusses for third party interests contract system, breakthroughs the principle of relativity contract. This chapter mainly adopts comparative method, from analyzing contract relativity principle of, to determine the foundational status in the system; And the third party interests contract system to limit function. Then by interpretation of the contract the relativity's bleak and a third person's benefits contract system, the process of establishing showed a third person's benefits contract in the process of development for the next chapter characteristics, the legitimacy of third party interests lay the foundation contract demonstrated.The third chapter analyzes the legitimacy of third party interests contract system, and discussed the external cause in the system. First, studied the third party interests contract system value, specifies its function, and through the value principle of relativity with contract comparison, demonstrates its necessity of existence and the proper place in contract law field. Then based on the analysis of the third party rights effectiveness root, points out the interests of a third person, the validity of contract root include two aspects, and external cause is derived from the interests of third law of justification, and third party interests from internal demonstrates the legitimacy of the contract.The fourth chapter analyses the present situation of legislation in China today, made clear the third party interests contract system aspect exists in the defects and establish legislation on demonstrated the feasibility of third party interests contract system puts forward the corresponding legislative idea.