Claim Right Of Third Party Beneficiary About The Contract For The Benefit Of Third Party

With the continuous development of social economy, contract relationshipsbecome more and more complexed. The contract for the benefit of third party appearsand is repeatedly used in economic. If the third person other than the litigants areentitled to claim to the debtor for protecting their own interests against losses whenthe debtor can not fulfill the contract obligation or fulfill improperly? On this issue,both Civil law and Common law have affirmed the claim of the third partybeneficiary. In contrast, Contract Law of the PRC does not make it clear on this issue.Due to the lack of specific law,the judges have different interpretations of the law, asa result of giving rise to a variety of different judgments when deal with similar casesin the judicial practice. The further and clear research are urgent needed.This article begins from the practice of the claim of third party beneficiary.Analyzed and describe the problems of it. Analyze establishment and development ofthe claim of third party beneficiary, combining with the history of it. Clarify thejudicial practice conditions and two legal theory. Then analyze the basis of the claim.Give a conclusion that the claim of third party beneficiary is based on fairness,justice, autonomy, reliance interest, efficiency and reducing litigation costs. Provide atheoretical basis for establishing the claim of third party beneficiary in China, byanalyzing and describing the base of the claim of third party beneficiary andlegislative model in other countries.The core issues of the claim of third party beneficiary are constituent elementsand effectiveness. The claim of third party beneficiary entitled is established onlegality and agree that the litigants give the independent claims to the third partybeneficiary. In addition, the claim of third party beneficiary is required the civil rightsand does the corresponding intention. Base on the claim, third party beneficiary hasthe right to take delivery of the debtor’s payment and requests the debtor for liabilityfor breach or to perform obligations, when the debtor delays or refuses to perform thedebt. At the same time, the debtor may also confront the third party beneficiary basedon the defense of contract. The analysis of Article64of Contract Law of the PRC shows that our contractdoes not confer the claim to the third party beneficiary, because of abiding theprinciple of contract relativity. With the increasing dispute of the contract for thebenefit of third party, judicial practice is bound to have some confusion without theguidance of clear legal provisions.Therefore, to solve the dispute of China’s currentcases involving the contract for the benefit of third party, the best way is to create asystem.In the case of no Civil Code in our country, Supreme People’s Court can developjudicial interpretation about Article64of Contract Law of the PRC to give the claimof third party beneficiary. We can also stipulate breakthrough of relativity in the debtpart when formulate our Civil Code. Give the claim to third party beneficiary andprovide general principles of the contract for the benefit of third party in a contractaddendum. Stipulate the establishment, effectiveness, diversification, dissolution andeffectiveness of the contract for the benefit of third party in detail in sub part.