Research On Problems Of Breach Of Contract Due To The Third Party

Article121of PRC Contract Law provides how the obligor bear the liabilitiesunder the circumstance of breach of contract due to the third party. In addition to theintroduction and conclusion, this dissertation consists of three parts:Section one: Overview of problems of breach of contract due to the third party.Through analysis of a legal case, the relevant issues of breach of contract areintroduced, and the historical development of this article in Chinese law and theopinions of academic circles and judicial practice are clearly explained.Section two: Legal analysis and critique for breach of contract due to the thirdparty. The legal basis behind the system of breach of contract due to the third party isbeen said in this section. Through introspection to the principle of imputation of strictliability and privity of contract, the critique is been proposed and two resolvingmethods are presented.Section three: Interpretation on scope of application of Article121. In thissection, the scope of application of Article121has been restrictively explained. Theapplication of this article will be more accurate through the interpretation of defaultand scope of third party.The conclusion summarizes the full text and makes relevant suggestions forfuture legislation and judicial application.