Research On Claim Of Third Party Beneficiary About The Contract For The Benefit Of Third Party

The contract for the benefit of third party is developed with the development of economy. It is a breakthrough in the principle of contract relativity. The contract for the benefit of third party has been established in legislation and in practice as well and rights of third party beneficiaries have been well protected in foreign countries. In Chinese Contract Law. there is no related clause admitting third party beneficiary contract and in April2009, The Opinions on Some Issues of Appling Contract Law of PRC issued by the Supreme People’s Court denied the independent claims of third party beneficiary. Insisting on the Privities of Contract blindly cannot protect the rights of the third party beneficiary.It is essential to construct the contract for the benefit of third party.The paper, in addition to the introduction and conclusion, consists of four parts: The first part introduces a real case. This part summarizes the basic information of the case and the judgment. Based on the disputed problems of the case, the main points of the paper are indicated.The second part introduces the basic questions of the contract for the benefit of third party. From the concept of the contract for the benefit of third party, this part discusses the characteristic and historical development of the contract, the effect of the contract is emphatically introduced. Based on these, the part makes a qualitative analysis for the case; the main purpose is making preparation for deeper study.The third part is the key part of the article. After the introduction of the legitimacy sources of the third person’s requirement, the part introduces the contents and effectiveness of the third’s requirement. Then it indicates the third’s requirement of the case.The last part is some legal consideration of the case. Reviewing article64of the PRC contract law in1999and article16of The Opinions on Some Issues of Appling Contract Law of PRC issued by the Supreme People’s Court, we should regulate rules for the contract for the benefit of third party to protect rights of third party beneficiaries.