Research On The Protection To Benefits Of Third Party In The Exception Of Privity Of Contract

This paper analyzes the protection of benefits of third party in the exception of privity of contracts. Firstly the issue is referred by two cases, i. e. how to protect the benefits of third party under the principle of privity of contract. These two cases are used to prove the necessity of the exception of privity of contract. And then, the reason why the exception of privity of contract occurs is analyzed in this paper. After that, this paper gives a clear definition of the exception of privity of contract and shows the specification of contract for the benefits of third party and its categories. In the next section, the author tries to find the institution of contract for the benefits of third party in the present laws and regulations in China with the instrument of law explanation. Finally, the article finds that the exists of contract for benefit of third party are out of the meaning range of the64Atl. of Contract Law of People’s Republic of China. So the author turns the eyes aboard to analyze the institutions of contract for benefits of third party in other lands.the conclusion gives a further proof for the necessity of exists of institution of contract for benefits of third party in China. In the second chapter, the relationship between the principle of privity of contract and the exception of the principle of privity of contract is reflected by the author. In the last chapter, some possible methods to find the institution of contract for the benefits of third party are selected to analyze. During this analysis, the foundation and occur point of third party’s right are clarified.