Exceptions Of The Privity Of Contract Of The Article 17 Of “Judicial Interpretation Of The Real Estate Lease”

Privity of contract, a fundamental principal of Contract Law and juridical practice in most countries（regions）, along with development of society, encounters some academic and practical difficulties of particular cases. In consideration of law enforcement, legislature of various nations makes exceptions to a certain degree on the premise that the above-mentioned principal remains fundamental. The Article 17 of Interpretation of the Supreme People’s Court on Several Issues concerning the Application of Law in the Trial of Cases about Disputes Over Lease Contracts on Urban Buildings, a new circumstance of privity of contract, in respect of social reality, legal value and the leasehold as a property right, is legitimate to a point. Exceptions of privity of contract is fair and just in some way, however, these could put performance of a contract or judicial application in a dilemma and squander judicial resource. It means that legislature should mark the exact boundary of exceptions of privity of contract...