Research On The Third Party Beneficiary Contract

As an important principle of classical contract law,the doctrine ofthe relativity of contract makes freedom of contract and autonomy of theclassic contract theory to be widely accepted and supported, and play animportant role in the development of economy and progress of socialcivilization.However,with the continuous development of thesocio-economic, market transactions become more diverse,and morecomplex, the continuity of the transaction process and theinterdependence of transactions are increasingly strengthened, manycontracts break through the traditional doctrine of the relativity ofcontract and more and more involved in the third party,the complexsocio-economic life ask new theory. The acknowledgement in theory andlaw to third party beneficiary contract not only derives from respects tothe party and developments on spirits of autonomy of private law, butalso the objective demand of social development.Many countries of theword have established third party beneficiary contract through legislation,with the contrary, the third party beneficiary contract is notclearly established in China’s contract law. Most countries in the worldestablished in the legislation on altruistic contract, its difference is thatChina’s contract law is not altruistic contract clearly defined, although insome single law to recognition of a special kind of altruism contract, butthe lack of a unified generalrules, making the claim on the basis in realitymany common types of altruistic contracts lack of contract law. Chineselaw experts on the altruistic contract theory is relatively small.Theoretical analysis of altruism on a contract basis, a Comparative Studyof altruistic contract in civil law and common law of historicaldevelopment and current situation, and thus the status quo of China’slegislative analysis, legislative experience to learn from other countriesand regions, established on the legislation suitable for altruistic contractsystem in China.The first part of the IDS contract overview. Some of the major studythe basic theory of altruism contract, the concept of altruistic contracts,classification, elements, and the validity of the contract and the legal relationship in the altruistic contract analysis. Introduced a variety ofaltruistic contract title, pointed out that the basic altruism contractincludes the following three aspects: First, the parties to the contract bycontract to set the interests of a third person; two, the third personbetween the parties in the concept of altruism contract the contract for theinterests of the parties to set; the status of the three, the third person is anindependent, not dependent on the parties to a contract exists. Elementsof altruism contract, I believe that the following three: a legally validcontract must exist between the parties to the contract; parties to thecontract to a third person to get the meaning of the right must be clear,true; required to make a third party through a contract directly to obtainthe rights of the parties to the contract to set. Altruistic validity of thecontract, the author analyzed the altruistic contract rights of the sourceand altruism contract the effectiveness of the parties to the contract andthe third person. Altruistic contract law, the author mainly from thecompensation relationship, the price relationship between theperformance of three analyzed. Altruistic contract with the concept of difference, the author analyzes the the altruism contract and through theaccused people, for the delivery, with a contract to protect the role of athird person, the debt settlement bear the difference between the interestsof third WARRANTY.The second part of altruistic contracts Comparative Law. The part ofthe first analysis of the principle of privity of contract in the generationand development of civil law and common law, and then discuss thecontract the breakthrough of the principle of relativity-altruismemergence and development of the contract system. Altruistic contracts incivil law and common law in the analysis and development, comparativeanalysis of altruism contract system in the difference between the twolegal systems in order to provide a reference system of altruisticcontracts.The third part of the contract of the current situation of China’saltruism and perfect. This section focuses on the "Contract Law" Article64of the analysis, pointing out its shortcomings and the major problemsin practice and puts forward recommendations to improve China’s Contract Law.