Analysis Of The Foundation Of Contract For The Benefit Of Third Party System In Our Country

As a kind of contract,contract for the benefit of third party is very importantsignificant for the protection of parties especially the benefit of third party. Mostcountries’ law accept and admitted contract for the benefit of third party system andthis system have been restricted by definite law regulations in many countries.Atpresent,although there are some concepts of third party beneficiary in our countries’Civil Law and Contract Law,it’s just "unreal contract for the benefit of thirdparty".Our civil law have not the general rule of Contract for the benefit of thirdparty,and leading to parties and third parties’ benefits can not be protected.Inpractice,the most direct performance is that third party can not ask promiser performhis obligation and indict independently because he has not the base right forasking.This led to the benefit of third party can not get any protection largely. Thereare some rules to approve third party beneficiary’s beneficial right in "InsuranceLaw","Maritime Law"and so on,they recognize the legal status of third partybeneficiary but this scattered rules can not meet maze of contract for the benefit ofthird party disputes in real life.Setting up the third benefit contract system whichconform to our country present social development could complete the system ofcontract,provide feasible implementing norms in practice and supply the loophole inthe law,but also very important to protect third party beneficiary’s rights and holisticprivate law’s order.This thesis begin with the development history and fundamental principle ofcontract for the benefit of third party system,then analyze our country’s currentlegislation and problems in practice.According the analysis of the cases and problems,the proposal of setting up the system of contract for the benefit of third party system isput forward which meet our current private law system.I hope it can be embodied inthe following years in civil legislation.