Research On Claim Of Third Party Beneficiary About The Contract For The Benefit Of Third Party

Since the 20 th century, the continuous development of business transactions in the third person outside of the contract to the parties to a contract or claim shall be investigated for responsibility, is the modern inevitable outcome in the development of the contract. If the law for the third party interests contract not to admit, is bound to bring chaos in the judicial level. For this, showed an obvious lag in legislation in our country, such as 1999 enacted the law of the People’s Republic of China contract law "merely to the third person has the right to accept the rules for the implementation of the debtor, but avoid the third person can have an independent right of claim is a critical problem, that was introduced in April 2009, the supreme people’s court about apply to < the contract law of the People’s Republic of China > " the explanation of some issues directly deny the independent right of claim by a third party, this will be the third person in the interests of the rights and obligations under the contract only regulation between creditors and debtors is far cannot meet the need of real life. The emergence of the third party interests contract hit the contract relativity principle, the system is not only a place the third party to the contract rights and obligations relations so simple, it deepens our understanding of the contract: the contract conclusion is not necessarily share the interests of the contract, parties to a contract rights advocates also is not necessarily a contract.The first chapter is the groundwork for the research of the third person to perform the right of claim. From a third party interests contract concept definition, the difference with other legal system and highlights the characteristics of the analysis and the two major legal systems of different historical development vein and third party interests contract creditor’s rights in the contract, the triple relations between the debtor and the third person, the brief introduction of the have a preliminary understanding of, for the third person to perform the right of claim research necessary theoretical basis.The second chapter consists of two parts. Right of claim of a third person has its sources of legitimation, also have the different requirements of endogenous and exogenous, and the civil law of autonomy and the protection of reliance interest requirements.The third chapter is based on the value of the right to claim against the third person introduced. Due to the different legal tradition, Anglo-American law system and continental law system have a different theory, we will deepen the understanding of the right to claim against the third person. In addition, in today’s society, the third party independent claims but also has a special significance, gives the independent right to claim to the third person of protection, is the need of judicial fairness and justice, based on party autonomy, to protect the interests of the third person’s trust and reduce transaction costs, improve the efficiency of trading and so on.The fourth chapter is the core problem discussed in this paper. The components of the core problem is the third party claims and effectiveness. The third person shall enjoy the right of claim of the contract, based on the legal valid contract between the parties, the creditor’s rights and the debtor has given to a third person to perform the right of claim directly accord, the third person has the capacity for civil rights, and accordingly on the basis of mean said. Performance of the right of claim of a third person not only is the third person enjoy receiving power directly, and when the obligor’s delayed or refused to perform, the third person has the right to request the debtor to perform or to be liable for breach of contract. The third person can avail himself of the creditors of the debtor justifications for defense.Fifth chapter benefited from a benefit for the third person to give up and the third party to claim a point of implementation view, the analysis of the specific content includes the analysis of substantive law also pay attention to the procedural law and the relevant standards, actually presents the outline of the third party claims.The sixth chapter is on the basis of the analysis of our current laws and regulations, it was pointed out that the essence of the article 64 of contract law is not the third party interests contract system, insurance law, trust law, maritime law and other special laws and regulations of the scattered rules are insufficient to meet the needs of the reality. In third party interests contract system in China still lacks a set of basic framework, the article also for this advice.Based on the above, try to third party interests contract, with an emphasis on the third person to perform the right, for the third person and the interactions between the parties to a contract, to balance the interests between tripartite main body may create system. The law of the People’s Republic of China contract law "too scrupulously abide by the contract relativity, judicial practice has emerged a lot of third party interests contract disputes. Under the current background, in the civil code, the general provisions in the contract law can stipulate the general rules of third party interests contract, for the implementation of the debt in the civil code chapter can break through the relativity of debts, give performance of the right of claim to the third person.