The Contract With Protective Effect For The Third Party

According to the principle of privity of contract, the contractual relationship can only occur between a particular creditor and the debtor, the creditors and the debtor shall only assume the obligations and responsibilities of the contract, should not a contractual relationship with its third party without obligations and responsibilities. However, in the development of modern product liability system in order to protect the interests of consumers, many national laws and jurisprudence expanded the contractual relationship between the protection of third persons requires manufacturers and sellers of products to its non-contractual relations third party assume security duties and responsibilities. In this regard, particularly in Germany, "Protecting a Third Party Effect contract" the most significant representatives. German jurisprudence and doctrine of the creation of purpose of the system is to strengthen the protection of the interests of the third party and the creditor has a special relationship. The core idea of this system is that the debtor bears not only for creditors to fulfill their obligations, and in accordance with the principle of good faith for the benefit of creditors andObligation harm the relationship between the third party responsibility to protect and care, if the debtor’s breach of this obligation may cause damage to a third person, who suffered damage to third parties to a contract are not, you can still request the debtor to assume contractual obligations.The first part of this paper analyses the basic theory of protect the third party contract attached. Protect the third party contract attached were introduced in detail in the background and developing process. Introduced the German law \ "protect the third party contract attached\" system, through the constitutive requirements of protect the third party contract system, the development of the system of pure economic loss, and expansion of the scope of the third person more in-depth interpretation of the connotation of protection system of the third person.The second part through the attached protect the third party contracts with other similar systems, primarily for third party interests contract, the guarantee system of the third person in the United States, and the comparison of the third party pay system, further clarify the definition of contract to protect the third person.The third part elaborated the our country about whether reference attached to protect the third person effect different aspects of the contract.The fourth part of the construction of attached to protect the third person effect contract system of our country puts forward the feasibility proposal.