A Study On The Third Party Beneficiary Contract

With rapid economic development in modern society, the contract relations have become more and more complex, and a growing number of contracts involve interests of the third party. The doctrine of relativity of contract, as basis of classical theory, has being constantly challenged. With its unique legal value, the third party beneficiary contract finally breakthroughs the restriction of the doctrine of the relativity of contract, however, the existence and development of the third party beneficiary contract don’t mean denying the doctrine of the relativity of contract, but to in accordance with the autonomy of will of parties and the purpose and value of the contract.In order to adapt to the social and economic development, many countries have recognized or established the system of third party beneficiary contract. At present, our country doesn’t stipulate general provisions for third party beneficiary contract, and only have some provisions in specific laws. Through research the relevant theory of system, structure, and legal value and some mature theory basis and experience of other countries, analyze some academic disputes. The thesis aims at providing the theoretical support and basis for constructing the system of third party beneficiary contract in our country and proposes some suggestions for it. The thesis contains following four chapters.The chapter one is the general overview of third party beneficiary contract. Through analyzing the concept, legal characteristics and theoretical basis and theory of civil and common law system, define the concept and origin of the third party beneficiary contract. Analyze and discuss the core element and legal relations of this contract.The chapter two is to state and analyze the system value of the third party beneficiary contract. Analyze the theory basis for the doctrine of relativity of contract. On this basis, elaborate that the third party beneficiary contract is the challenge to the doctrine of relativity of contract, but the two have the intrinsic integrity. And introduce and elaborate the legal and practical value of this contract.The chapter three is to research the validity of the third party beneficiary contract. Analyze the subject qualification and legal status of the third party of the contract, and define the scope of the third party and analyze the content of the right of the third party, discuss whether the third party shall assume corresponding obligations. On this basis, compared with the common contract, the thesis expounds rights and obligations of parties in the third party beneficiary contract.The chapter four is to elaborate and analyze the current system of third party beneficiary contract in our country. Through definition and explanation of the article sixty-four in the Contract Law in our country, and analyze the provisions and its existed problems of third party beneficiary contract in specific laws of our country, concludes the deficiency of provisions related to the system of third party beneficiary contract, and proposes the legislative suggestions.