Theory Of Relativity Principle Of Contract

In the modern contract law, it is high popularity that breaking theprinciple of privity of contract. This article from the first chapter ofthe principle of privity definition of contract, a visit to the principleof privity of contract in ancient Rome and the origin of the history inthe continental law system and common law of different development course,learned about the principle in the two big law system and case lawestablished in, there is some difference in the name and the specificrules,but in the same content in essence, has a similar structure and thesame meaning.The second chapter to the reading of the principle of privity ofcontract by break of four main reasons: the pursuit of social justice, savethe judicial resources, social interest measure and the development ofsocial economy. And then in the second quarter to emerge in countries inthe breakthrough of the paper summarizes the situation, for a typicalseveral breakthrough system by analyzing: preservation of obligation,contracts for third party beneficiary and contracts with additionalprotection for the third party involves interests of third case, becausewill not endanger the third person freedom and reduce the activities ofthe property, instead has gain;The real right of the creditor’s rights ofthird person is the propertilization of right of debt, the parties to thecontract have right that interfere a third person’s freedom of movement.The disputed larger contrac trights can be the subject of the third party’S infringing act, from the relativity of creditor’s rights debt and notinvasive conception and contract does not repel relativity based on rulesof infringement of the right of claim by a third person violated the tortliability as the Angle of view, demonstrates the creditor’s rights againstthe third person though has the effect, but the third person claims is nota breakthrough to the principle of privity, but by tort law standardinfringement, shall be liable tort liability. To clarify the principle ofprivity regarding the contract to break through in the error.Any law research finally will return to China’s problems, in the first quarter of the third chapter,from empirical research and study theory forChina’s contract principle of privity, it is concluded that China shouldadhere to the principle of privity contract the basic position of not bemoved, with the new connotation. In the second quarter, preservation ofobligation, the propertilization of right of debt, contracts for thirdparty beneficiary, contracts with additional protection for the third partyand contractrights can be the subject of the third party’S infringingact of the present situation of our country system were reviewed, and thenfind out their respective deficiency, and put forward the improvementmeasures. In the third quarter, reconsider the breakthrough for the privityof contract overheating in our country, point out that this will producebad fruit, and then to break through the theory to calm survey, and putsforward measures to limit.Finally, draw the conclusion: in our country, we should adhere to theprinciple of privity of the contract, the breakthrough for the exception,and to strictly control the exception, timely corrective to the balanceof the interests of all parties, the ancient principle successfullycompleted its modernization process, to the fairness and justice of theultimate value target, and in the new conditions, further promote the socialand economic prosperity and development.