The Third Person Of The Third Party Beneficiary Contracts

Since the 1990s, China’s theoretical circles began to study the Third Party Beneficiary Contracts from the concept of the essential characteristics of the interests of a third party contract, the beneficiary of the connotation and extension of the scope of their rights in the third person, the interests of a third partycontract the establishment of the elements and its effectiveness, the interests of a third party contract in other countries such as the origin and development of a series of questions as a starting point, analysis of the defects of China’s legislative system, and discusses the need to recognize the interests of a third party contract. The interests of a third party contract system should be a complete system of legal recognition and protection to benefit from the rights of a third party in the contract, will bring many new problems, so far, our theoretical circles on this issue a comprehensive study is still increasingly inadequate. After the establishment of the Third Party Beneficiary Contracts without the benefit of the consent of a third party, whether the parties can still like the same exercise in the general contract change or cancel the contract rights, their rights should be restricted? Restrictions should be to what extent?The insurance contract is a typical for the interests of a third party contracts, insurance contracts, for example, to further reveal the legal status of the Third Party Beneficiary Contracts, rights and other issues, perfect for the interests of a third party contract in three of the theory.This article is divided into four parts:The first part introduces the basic theory for the interests of a third party contract and insurance contract in line with the reasons for the interests of a third party contract theory; explain the second part focuses on the interests of a third party contract theory three of the characteristics of rights, as well as insurance contracts in the third person; the third part of China are discussed on how the insurance contract for the fourth part of the legislative status quo and existing problems of the theory of the third Party Beneficiary Contracts; as the starting point, perfect for the interests of a third party contract in the third person theory.