The Research Of Viability Of Contract For The Benefit Of Third Party In China

Contract for the benefit of third party dates from the Roman law, which has been a history of more than 2000 years. But there were no common regulations in Roman law. Due to the institution of contract for the benefit of third party, there are only some vague clauses in certain circumstances. However, with the development of economy and the expansion of trade, the fulfillment of a contract is not restricted to two parties, while contract for the benefit of third party is getting more people’s attention. Therefore, the principle of privity has been broken by degrees, and it was admitted by civil laws of different countries that a third party can get a right to sue promisor according promises made by promisors and promise through the contract.Although there are clauses in Insurance Law and Trust Law which admit contract for the benefit of third party, common regulations are not set in the laws of our country. We cannot deny that there are many contracts for the benefit of third party in judicial practice, which are playing an important role in our economic life. In my opinion, though common regulations are absent now, contract for the benefit of third party can be a viable existence in our legal system. So the viability of contract for the benefit of third party will be discussed in thesis. In the end I will propose some suggestions for improving our legislation which support the contract for the benefit of third party in practice. The thesis is divided into three parts: introduction, the main part and the conclusion part.Introduction. By explaining the results of the research for contract for the benefit of third party and its present situation, lead people to know that it is viable that contract for the benefit of third party does exist in our country. The following questions will be solved: the background of the thesis and the method of the research in the thesis.The main part. This is a subject part herein, divided into five chapters.Chapter I. Through the introduction for contract for the benefit of third party, discuss its concept and its condition for effectivity. We make it clear what status the third party is and how the benefit is gotten by the third party. That all builds the frame of the whole thesis.Chapter II. Explore the historical development of contract for the benefit of third party in continental law system. Detail the clauses of contract for the benefit of third party in their laws, especially in the civil laws in modern times.Chapter III. Focus on analyzing the properties of clause 64 in our Contract Law. Introduce different opinions on clause 64 and state my opinions and reasons.Chapter IV. Discuss how to judge whether a contract for the benefit of third party takes effect or not. Except the promises made by promisor and promise, the judges hear cases by the regulations on contract for the benefit of third party in special laws of China. When a contract is unclear or there are no regulations in the special laws, discuss how to make a judgement by referring to foreign trail cases.Chapter V. Draw the necessity of the common regulations of contract for the benefit of third party. According to our legal practice, propose some suggestions about contract for the benefit of third party to improve and perfect laws in the future.The conclusion part. Based on a brief conclusion, show the attitude to the viewpoints and straighten out the thoughts in this thesis.