On The Principle Of Contract Relativity And Its Breakthrough

Contract, the principle of relativity is an ancient rule of contract law, it is not only the cornerstone of the whole theory of contract law, but also contract to set up the premise on which protection. According to this theory, the contract legally binding only in particular between the parties, only parties to the contract party based on the contract to the other requests or litigation, and can not contract on the request to no contractual relationship with a third party, but also not arbitrarily set the contractual obligations for the third. However, with the increasing complexity of modern socio-economic environment, between the main body of each transaction to a wide range of correlation, a sharp rise in the third person involved in the case of the contract, contract relativity principle has been a serious challenge. To this end, the national contract legislation and judicial practice on the basis of adhering to the contract principle of relativity to develop some exceptions to the rules, some scholars have defined a breakthrough for the contract principle of relativity, and put forward legislative proposals in the context of the "breakthrough". In this regard, the paper questioned. Articles start from the basic principles of contract relativity principle and its breakthrough in the development of reality, through the appearance of a breakthrough, some exceptions to a lot of law experts dispute its way to the use of dialectical analysis from the right to constitute legal relations and obligations the level of theoretical analysis of, attributed to the contract principle of relativity breakthrough core real breakthrough for the right level; And then trace the origin, and clarify the source of the rights in the breakthrough situations, in real terms is an extension of the right to free will of the parties to the contract, reflecting the legal authorization, which is derived the so-called breakthrough is the principle of relativity to the contract maintenance development, which are sure maintenance contract relativity the fundamental position of principle in contract law, fundamental to fit the world of contract law theory foundation and practical development direction, to achieve closure and logic of the theoretical system of self-contact; I stand based on the relativity principle articulated in the future Civil Code or the contract Law of the general part of the contract, and in sub-rules set forth in the legislative proposals related to the interests of a third party contract system.