The Research On The Contract For The Benefit Of Third Party

The legal contract only has legal effect on the appointed interested partiesnamely the contract relativity principle. However, as the rapid evolution of our eraand economy, people’s social relationship becomes more and more multiplicity andcomplexity, exactly speaking, the relativity priciple does not adapt to socialdevelopment and be satisfied with the necessary of people life. Therefore, the contractfor the benefit of third party has arisen at this time, this kind of contract makes forimproving efficiency, cutting the pament and decreasing the litigation, especiallyensure the third party’s right. However, our country does not establish the contract ofthe benefit of third party, thus it is necessary to discuss and research on this subject.There are three sections: introduction, main text and conclution.The introduction explains the change of contract in new trade environment, alsodepends on a case advancing questions, bases on above points, to verify the contractof beneficial third party is essential in nowadays.The main text includes four chapters:Chapter one: the summary of the contract for the benefit of third party, includesthe concept, origin and change. First describe the contract’s concept andcharacteristics, meanwhile compare with the correlative similar regulations and definethe third party’s exploring parts. Second, analyse the third party contract’s forming,changing and releasing.Chapter two: through describing the history of the contract for the benefit ofthird party’s development and the breaking of the relativity principle, verifying thecontract for the benefit of third party is the outcome of era development. Base onabove background, analyse conflict and equilibrium between the contract for thebenefit of third party and the relativity principle.Chapter three: mainly research the function of third party beneficial contract.First, through synthesis description of the present situation of the legislation in both law systems, concludes the third-party’s right come from interested parties admissionand legislation. Second, debate for the contract’s effectiveness on interested partiesand third party, especially focuses on right and obligation on third party.Chapter four: explain the situation of List64in Contract Law of China, andanalyse the current situation of the contract for the benefit of third party and existingproblems. Meanwhile advance suggestion on legislation and judicatory.The last section is the conclution of this paper.