The Research On The Third Party Beneficiary Contract

As the exception of doctrine of privity of contract,the third party beneficiary contract not only reveals the party autonomy, but also effectively simplify the payment.Due to the need of social and economic policy,both civil law system and common law system countries are acknowledged and stipulated the third party beneficiary contract.But our country does not pay attention to the third party beneficiary contract on the legislation, though in the field of insurance and trust,the relevant provisions of the third party beneficiary contract exist, but not form system, and lack of legal framework, whether Article 64 Contract law of the PRC 1999 stipulated the third party beneficiary contract has been widespread controversy. This article expatiates the basic theory of the third party beneficiary contract,affirms its independent value,referring to the foreign legislative cases, analysis its essence, and provides certain reference for the construction of the third party beneficiary contract of our country.This article includes five chapters:Chapter Ⅰ discusses the concept of the third party beneficiary contract,namely narrow, pure third party beneficiary contract,then analyzes its basis and its relationship with the doctrine of privity of contract, reveals its value function,has its significance in the maintenance of the party autonomy and guarantees transaction efficiency.Chapter Ⅱ investigates the legislative provisions and history in civil law system and common law system countries on the third party beneficiary contract,understanding the theory of the third party beneficiary contract and specification.Chapter Ⅲ studies the legal relationship and the the constitutive requirements of the third party beneficiary contract,masters the basic theoretical construction,and distinguishes it with the relevant system.Chapter Ⅳ studies the third party beneficiary contract effect based on the above studies,the effect has different reflection to the beneficiary,promisee and promisor,and discusses the alteration, cancellation and removation of the third party beneficiary contract.Chapter Ⅴ analyzes the third party beneficiary contract legislation in our country, knowing that it is in the field of insurance, trust and so on, and based on the above research institutes for the basis of the theory, discusses Article 64 Contract law of the PRC 1999, and finally looks forward to make ideas on the third party beneficiary contract in China,and offer certain reference value.