Research On The Third Party Interests Contract

As early as in ancient Rome,there is an old adage “no one can for contract forothers”,it is the precursor and prototype for the contract relativity principle in moderncontract law. Although the principle’s established and historical developped processhas any difference in the two law system countries, but there’s little doubt that it haslong been considered is a basic principle of contract law in the two law systems.However, in pace of the fast-growing of society, social and economic life isincreasingly multifarious, strictly abide by the contract relativity principle has beengetting more and more difficult to meet the needs of the social economicdeveloppment and legal modernization.So, most countries chose to graduallyestablish the contract relativity principle of exceptions--the third party interestscontract.Although, some special law give the third person the right that can apply thecompensation for the debtor directly in our country, didn’t form tne system andperfect third party interests contract system, the third party interests contract is stillimprisoned in the contract relativity principle. The purpose of this paper is through tostudy of the third party interests contract’s concept, achievement conditions and othergeneral theory problems and the legislation practice of the major countries of the twoimportant law systems, by adopting the method of comparative analysis, semanticanalysis and other method to analyze the connotation deeply.And from the currentstatus of the third party interests contract legislation and practice, to explore thedefects and shortcomings. Based on the reality of our country,and to full referencedthe foreign advanced experience, from the two aspects of macroscopic andmicroscopic to explore the opinions and Suggestions that how to construct andimprove the system of our country third party interests contract.