Study On The General Rule Contract For The Benefit Of Third Party

The contract for the benefit of third party refers to a contract two parties have agreed on the interests of others contract. Although the contract for the benefit of third party is a small civil contract issue, but it is very complex, it is a common complication of the contract. Since thousands of years people have been complied with,"No person shall contracting for others," the ancient Roman law, civil law scholars believe that the contract for the benefit of third party broke through the debt relativity, and therefore the contract for the benefit of third party system was only until recent modern countries The generally recognized.Roman law is the legal heritage of human greatness, his spirit deserves to be inherited, but our contemporary Roman law should not be bound by the text, as though time and space, and social change. With the traditional theory of relativity debt compared to paper argues that debt lies in the spirit of the principle of relativity outside of the contract shall not be bound by no means agreeable person, may only bind the parties to the relationship between debt. Because "debt relativity" is the principle of debt property attributes, not the personal property of the principle debt,"debt metastatic" is the principle of personal property. Debt relativity is a relative among the absolute, relative rather than absolute being. Therefore, the debt relativity theory does not contract with a third party to establish conflict of interest, which is the foundation of this writing, the establishment of a complete third-party Interests general rules for granted.This article is intended as a comprehensive analysis of the general rule of the contract for the benefit of third party, the interests of the contract for the third general rules of jurisprudence and legislation to provide reliable technical support. This text is divided into five chapters.The first part, the contract for the benefit of third party involving the basic theory of general rules. The second part, the contract for the benefit of third party general rules established legal basis, this chapter is the focus of this discussion, the chapter of four. Explains the fact that the physical properties of debt continues to decline. And explains another fact, common law and civil law made a different choice. Then proposed article of the "debt relativity" understanding that debt relativity "is the principle of debt property attributes, not the personal property of the principle debt last section Ⅳ describes the interests of a third party contract does not break "debt relativity theory." third and fourth part discusses the interests of a third party contract on the establishment of general rules and effectiveness analysis. Finally, the fifth section presents the interests of the contract to build China’s third general rules recommendations.