On Anglo-American Contract For The Benefit Of Third Party And The Reference For China

In the long-term Anglo-American contract for the benefit of third party has broken through the principle of privity of contract and continued to generate, evolve and develop.Today it has formed a relatively mature system and the system of rules.In contrast, the rules for the benefit of third party contracts in our country, either special law or common law,are scattered and sporadic. The legislation language is unknown, so the power to protect the benefit of third parties is weak. It is difficult for weak legislation to face and solve the emerging issues on the contract for the benefit of third party. The legislative branch and scholars must confront and research the problem of constructing a contract system for the benefit of third party.This article contains the following parts:The forewords present the objectives of this article by asking some major questions.The first chapter introduces the historical development of Anglo-American contract for the benefit of third party. Through the grasp of its development we can see Anglo-American contract for the benefit of third party has generated and developed by breaking through the principle of privity of contract and the principle of consideration.Compared with that of UK, the attitude of U.S. toward contract the benefit of a third person is more flexible.Therefore, this article describes the United States contract for the benefit of third party with a larger space. The Lawrence v. Fox case and the Seaver v. Ransom case are landmark cases at the beginning of development of American contract for the benefit of third party.They are the precedents for a "creditor beneficiary" and "donee beneficiary" to enforce the contract.Later,the rules of the two cases were confirmed in two restatements of contract law by the American Law Institute.The second chapter is about regulations of American contract law of the contract for the benefit of the third party in ontological sense, with much emphasis being given to explanation and interpretation of the related regulations of the contract for the benefit of the third party provided in the two Restatements on contract law. Through discussion, the constituent elements of the intended third party who enjoy enforceable contractual rights has been clarified, i.e. we have agreed with the standard of "intended benefit" to confirm the status held by the intended third party, and we have also analyzed the related rights enjoyed by the beneficiary, the promisor and promisee respectively.The third chapter mainly introduces the application of the contract for the benefit of the third party provided in Anglo-American contract law. During its application, the court acknowledges the intent of the parties shall be the primary criteria when to affirm the status held by beneficiary third person. In the final section of this chapter, we analyzes the socialization trend of contract, pointing out that the court bears the liability to balance between the parties’intention and public policy.The fourth chapter mainly introduces the contract for the benefit of third party in China and it is divided into four parts.The first section describes a number of provisions which can confirm the principle of privity of contract indirectly.The second section describes the presence of the rules of contract for the benefit of third party in special law.The third part introduces the absence of the general system of contract for the benefit of third party.The forth part introduces the legislative loopholes of the contract for the benefit of third party by the sale contract case of Huang Yixia v. Wang Mingran.The fifth chapter describes the construction of contract for the benefit of third party in China. This chapter analyzes the rules Of contract for the benefit of third party in our special law and general civil law,pointes out the existing problems and puts forward specific rules of the establishment. Concluding section summarizes the main points of each chapter and gives the legislative proposals for the establishment of contract for the benefit of third party in China.