Study On The Third Party Beneficiary Contract

The relativity of the contract as an important principle， whether in the continentallaw system and Anglo-American law system， laid the foundation status in the judicialsystem， however， with the development of social economy and trade progress need， thethird party beneficiary contract was born. The third party beneficiary contract was able tobreak through the relativity principle of the contract and be admit and widely used incountries， has its inevitability， but the legislation of our country has not the general rulesof the third party beneficiary contract. This article based on the study of the third partybeneficiary contract system， using experience of other countries for reference andcombining with the actual system of legislation in our country， is going to consummatethe contract legislation of our country.This paper consists of introduction， text and conclusion three parts， the text isdivided into the following four parts:The first part，The third party beneficiary contract’s value measure and development.This part aims to analyze the theoretical basis and fact basis of the third party beneficiarycontract. First of all，introduce the background of the third party beneficiary contract，following the principle of relativity problems; secondly，based on discussing of therelativity principle of the contract，holds that the third party beneficiary contract whichbreaks through the relativity principle of the contract is possible; Thirdly，discuss the thethird party beneficiary contract which break the strict privity of contract principle and beable to produce，development，because of its function and value for social needs; finally，through the comparative analysis of the third party beneficiary contract in two big legalsystem country development and establishment，that the establishment of altruism contractis not only the needs of reality， but also improve the civil law system need， build thethird party beneficiary contract system is the inevitable trend of. On the legislation of ourcountry profiles， as below in the legislation of our country to build the system lays afoundation.The second part，the independence of the third party beneficiary contract. This partdemonstrates the third party beneficiary contract is irreplaceable，leads to the below of thethird party beneficiary contract system construction discussion. The reason of why the third party beneficiary contract can existence and development，is it can fill the other legalsystem to regulate and protect situation in the practical operation; Meanwhile，through thecomparison with the modern civil law some similar systems，also from the other hand，embodies the characteristics of its structure，leads to the following discussion.The third part，the unique structure of the third party beneficiary contract. After theabove analysis，this part mainly discusses the system structure of the third party beneficiarycontract. Mainly discusses the elements of the establishment of the third party beneficiarycontract，the effectiveness of the parties and the third person, and the alteration，cancellation and termination of third party beneficiary contract. The third party beneficiarycontract’s fundamental purpose is the third people gain the benefit， endowing the thirdparty with rights and limiting parties’ rights as its essence，thus leading to the design of thethird party beneficiary contract system compare with other similar system comparison isunique.The fourth part，discuss the construction of the third party beneficiary contract systemof China. The above discussion of the third party beneficiary contract，is for the purpose ofthe establishment of China’s civil law system，perfect the the third party beneficiarycontract system to provide reference. This part，firstly，we discussion on our country’slegislation, laing the foundation for the following, then, analysis the Article64of ContractLaw which cause a debate about whether exist the general rules of the third partybeneficiary contract，and puts forward suggestions to the legislation.