The Study On Legal Interest Foundation Of The Third Person’s Claim Right In Altruism Contract

The Without fully establishing a system of altruism contract to a third party claim, our country has been led to different judicial norms and standards,incorrectness of cases of trials,as well as negative influence on justice problems.Chinese mainland is lack of systematic theoretical research on the concept,classification and legal relations of altruism contract.Neither the Civil Law nor Contract Law textbook has clear statement on the concept of altruism contract.This thesis has identified the concept of altruism contract.Why is the relationship between the privity of contract and the third party claim in altruism contract system so intense?Why does the privity of contract theory grow an inhibition against the third party claim in altruism contract?This is the result of the cause of the legal relationship theory.Legal relationship comes with reasons, which is well acknowledged.From the historical evolution, the system of the third party claim in altruism contract has experienced the process from completely deny to partial recognition.For last hundred years, the common law system has created rules such as trust,replacing the exemption,conditional custody and the Himalaya Clause to avoid the consideration problem. In 1999, the common law has passed the Contract Law(the third party right)to avoid the privity of contract and has entitled the third party with direct claim in altruism contract. The civil law system has regulated the system of claim in altruism contract in civil code in order to meet the request of the third party claim.For a long time, the basis of altruism contract system of third party claim has not been decided while opinions vary. The author considers legal interests which is the interest that legal protects as the basis of altruism contract system of third party claim.In the face of our country "contract law" the 64th, with the reflection on misjudged cases, the author thinks that our country needs to develop and improve the system of altruism contract to a third party claims. This thesis puts forward proposals towards Chinese "the draft civil code" for altruism contract to a third person specification.As a conclusion, this thesis concluded that in the face of risk society and stakeholders complex development, there is no denying that contract has property attribute.If considering the contract as a capital to influence others and to strengthen social division of labor and cooperation, we must combine the contract with the third person direct claim.