The Research Of Incidentally Third Party Protecting Contract System

How to protect the third party outside the contract has been regarded by the law of different countries. In our country the responsibility could be divided into contract liability and tort liability, general the third party outside the contract included in the scope of the protection of the law of tort. Social life and judicial practice, however, only rely on tort law to protect the increasingly complex civil relationship of the third party outside the contract is not enough, so whether the third party outside the contract by other ways to protect it become a problem in this paper.The German civil law created a theory named Vertrag mit Schutzwirkung fuer Dritte which is derived from cases and theories, and this theory provide some reference ideas to the lack of our law. According to the theory, the establishment of the contract not only generate relationship between rights and obligations between the parties to a contract, at the same time the debtor is foreseeable someone special- that is, the third party outside the contract, there is a special relationship between creditors so that the debtor shall be responsible for the care, protect, and notify the collateral obligation,and produce this obligation is the precondition of principle of honest credit. Vertrag mit Schutzwirkung fuer Dritte breakthrough of contract relativity, expand the scope of the obligation of the debtor, make the contract have a role to protect the third party outside the contract. There have the principle of honest credit in our Contract Law, and some institution breakthrough of contract relativity. So in theory we can be applied or draw lessons from named Vertrag mit Schutzwirkung fuer Dritte.In the actual operating level analysis, there is a core and create controversy in Vertrag mit Schutzwirkung fuer Dritte, which is to confirm the range of the third party outside of the contract. Although reference it will fuzzy limit between the contract liability and tort liability, sometimes just use the contract liability can not meet the requirements of the third party outside the contract; on the other side, reference this theory will have the same problem about the range of the third party outside of the contract. According to the article, there is a better way to protect the third party outside the contract, which is that make them more freedom to choose the right of claim rights granted. In the meantime, according to the case and their own situation they will demands to request relief. This way is more beneficial to them, also is very meaningful to the purpose of protect the third party outside the contract and the elasticity of applicable law.