On The Contract For The Benefit Of The Third Party

Whether there is a contract for the third people's interests in our country, there are still a great controversy in the academic circles, which mainly stems from the understanding of the sixty-fourth article of the contract law of our country. In the face of more and more disputes in the interests of the third party, the court has the right to third people's rights to the different protection of the rights of the third people, all remind in our country to determine the necessity and urgency of the contract system of third people.In the judicial practice, because of the lack of legal basis, the court has directly resulted in the different recognition of the right of the third person, which affects the realization of the third rights. In our country, the lack of protection of the interests of the third people's rights protection is also a great challenge. In the tide of world recognition and protection of the interests of the third people, the civil law system and the Anglo American legal system of the third party of the mature legislation of the contract law is also in theory and Practice for our country to establish a useful reference for the establishment of the contract system of third people. For the right to claim the right of third people, the main three models are briefly compared, the right to make a model for the third people, the main mode of the existing third, the layout of the existing civil law and the analysis of the existing civil code, in terms of the layout of the existing civil code and the analysis of the existing civil code, in the form of the layout. On the legislative proposal, the paper discusses the aspects of the interests of the interests of the third party, the establishment and effectiveness of the interests of the third party, the rights of the people, the protection of the parties and the interests of the third people's rights and relief five aspects of specific. From the theoretical interpretation in our legal system creation to the interests of the third person contract system, is in accordance with the contract law of the people's Republic of China legislative requirements, less likely to violate the civil law basic principle and spirit which led to conflict system, but is conducive to resolving the judicial practice on the protection of the third party of the poor disputes, through the legal recognition of the protection of the interests of a third party rights, has important theoretical significance and practical value.