Discussion On The Contract For The Benefit Of Third Party

With the development of market economy and the formation of commercial society,the transaction involved in the third party has increased,together with the protection of the rights and interests of the third party has become the new justice of modern contract law.Therefore,how to coordinate the legal relationship between the parties and the third party,so as to achieve an effective balance,has become the focus of the study of the contract law on the interests of the third party system.In the long term,many countries (regions) of Anglo-American law system and civil law system have paid highly attention on the contract system above the third party's interest,especially the mainland of China and Taiwan area separated by straits,also,special terms are provided to protect rights and interests of the third party.In this paper,comparative analysis and normative analysis are applied to compare the legislation of mainland China and Taiwan to broaden the understanding of the third party interest contract system and provide reference for the legislation of the third party's benefit contract.In the introduction part,we first introduce two cases of mainland China and Taiwan,and bring up the differences in the analysis of legal relations in the process of judicial practice caused by the different system design in the two regions.Then we propose the center of this paper:the contract for the benefit of third party.In the first chapter,this paper compares the third party interest contract and other related concepts,which brings up the connotation of the contract.In the second chapter,the author analyzes the system design,the norm and the historical evolution of the contract for the benefit of third party,such as the civil law system and the Anglo-American law system,and discusses the contract for the benefit of third party by referring to its mature legislative experience and theoretical basis.Additionally,the effectiveness of the contract for the benefit of third party in the creditors,the debtor and the third person will also be analyzed.In the third chapter,we use the theory of interpretation to analyze the rules of the contract for the benefit of third party in our legislation,summarize the actual effect of the contract for the benefit of third party,and put forward opinions on the design of the contract for the benefit of third party system.