On Judicial Application For Privity Of Contract

Privity of contract, also known as relativity of debt， is the cornerstone of theclassical contract system,"Roman law created the relativity of debt， it wasconcomitanted with the concept of debt, which would define relative of debt is themost fundamental attribute. The relationship of debt was originally seen as a personalrights with a personal punishment property, there are provisions in the "Twelvecuprum Tables" that liabilities can be betrayed into slaveries until be killed. Thisrelationship of debt is the real lock of personal freedom, because of the punitivepersonal rights, resulting in debt which is carrying non-transferable, called therelativity of debt. With the primitive society into a civilized society, debt relative afterthe Roman law revival, inherited by the civil law countries. Since1135Amalfi foundin northern Italy, the "law of the land Filmography" of Justinian, Roman law revivalmovement has spread from Italy spread to the entire European continent, the relativetheory of debt after the11th century to the16th century Romethe revival of France,18th-century bourgeois revolution, which culminated in the1804French Civil Codeto the form of the statute for the first time been confirmed. In common law, thecontract relativity principle is generally considered to be formed in the1861Britishthe case of Tweddle v. Atkinson, and adopted by the case of Dunlop Pneumatic TyreCo.Ltd v.Selfridge&Co.ltd. in1915. Until today Privity of contract in the field ofcontract law still plays an important role, it is rooted in the spirit of freedom andequality of private law, but also gave birth to the autonomy and freedom of contract,we can say that without the Privity of contract there can not be real private lawsystem. Of the20th century, due to changes in productivity, the expansion trend ofPrivity of contract is increasingly evidented.A case leads to the Difficulties to apply privity of contract. interpretation of thereal estate contracts cases by Supreme People’s Court, Article25th violated Privity of contract and autonomy. Therefore, we believe the principle of contract in judicialpractice, followed by strict application of the first contract strictly limit the expansiontrend of Privity of contracts.