The Influence Of The Main Contract Rights Of Both Parties Due To The Intervention Of The Third Party In The Contract For The Benefit Of Third Parties

The contracts for the benefit of the third parties means that the both original parties to the contracts agreed to give the benefits of the contracts to the third person who was outside the contracts and the third person can get the rights of the contracts directly which means that he can get the claim rights to the debtor. The system of the third party interests contract embodies a breakthrough to the relativity of the contract. Its essential feature is that the contract rights and benefits will be given directly to the third person who was outside the contract once. The form will be changed from the “two-model” of the traditional contracts to the new “three-model”. The validity of the contracts will be extended to the third person. Under this kind of unique contract model, the contract rights of the both original parties will be influenced by the intervention of the third party.Many of the academic research was focused on theoretical research of the third party interests contract system itself before,or was placed in the third party beneficiary contract system design. The research and the view of the majority of scholars have focused on the protection of rights and interests of the third party of the contract. There is little studies on the change of the original contract parties to the contract rights caused due to third party intervention. In fact, in the third party of the contract, because of the third people involved, contract rights compared with the traditional contract model under the original contract the parties contract rights, whether the content of rights, or rights of many aspects of the specific way of exercise, have undergone significant changes. For example, the claim to request payment of the creditor, the right of action for the recovery of damages, the right of defense for the debtor and the rights of changing the contract or the right to terminate the contract will all be changed because of the intervention.Contract for the benefit of third party is to emphasize the rights and interests of third people benefited from the comprehensive attention and protection, but this does not mean that the original parties contract rights should be ignored.Third people directly involved in the contract from the many aspects of the initial contract rights to the impact and the influence, we should find that changes in these rights from the exercise period, in order to better protect and safeguard the rights of the parties, truly make the interests of all parties to the third party interests contract in the balance protection, which is also in line with the contemporary society emphasis on substantive justice, honesty and credit background requirements.So it is necessary for us to carry on doing some deep research and discussion for the influence on the main contract rights of both parties because of the intervention of the third person. Therefore this article will begin from the analysis of the legal relationships in the contract for the benefit of the third person and I will try to analyze the contract rights and benefits of the third person. After that, I will analyze and study the changes of the main contract rights to the original contract creditors and debtors.Include an analysis of various aspects of the impact, the creditor the right to request payment of influence on the effect of creditor rights and retain payment and relief of the right to request the debtor influence, defense in respect of the rights of parties and affects both alteration and termination of the contract rights, on the basis of comparison of civil law and common law legislative and judicial attitude further in-depth analysis, combined with the legislation and judicial practice in our country,in order to maintain the balance of interests on all parties and to achieve fairness and justice to the final.