Research On The System Of Contract For The Benefit Of Third Party

Many countries and regions in the world have generally acknowledged and stipulated the system of contract for the benefit of third party.In contract,the provision of Article 64 in the "Contract Law" of our country appears to be stretched in the face of judicial practice.Although the "Maritime Law",the "Insurance Law"and other branch laws provide relatively detailed provisions,they could not deal with the legal issues that occur in other civil fields.In addition,from the perspective of legal logics,the provisions of each branch law also appear to be inadequate due to the lack of support of the civil basic law.Focusing on the judicial practice in our country,the disputes in this field have been on the rise in recent years.The main reason is that courts at all levels and legal workers have different understandings on the provisions.Non-uniform judicial criteria inevitably produce inconsistent judgments,which will seriously affect judicial authority and increase social costs.At present,under the background of the complete formulation of the "Civil Code" in our country,contract for the benefit of third party becomes the focus of controversy once again:how is the system of contract for the benefit of third party generated and de'veloped?Does our civil basic laws stipulate contract for the benefit of third party?If there is no provision,can the existing law solve the relevant issues?If they could not be solved,how should we build the system?On this basis,this thesis starts with the basic theory of the system,compares the relevant regulations in other countries and regions,and explores the necessity and feasibility of constructing the system in our country.The text includes five chapters:The first chapter,the legal definition.Through the comparative analysis of different systems,this chapter aims to clarify the object of this article,and analyses briefly the tripartite legal relationship of contract for the benefit of third party.The second chapter,the values of the system.This chapter begins with the answer to the question "Is there this system in our country",and then analyzes the contradiction and the theoretical breakthrough to the principle of privity of contract,so as to establish the theoretical basis and the value goal of the system.The third Chapter,the legislation and judicial practice.This chapter firstly comparatively analyzes the legislation and the classic cases in this field between the two major legal families,and then focuses on the provisions and dilemmas about the current general legal systems and the branch laws,and the problems arising due to the unclear basis in judicial practice,so as to demonstrate the necessity and feasibility of constructing the system from the two aspects of legislation and judiciary in our country.The fourth chapter,the construction of the system.Surrounding the topic of "gain,loss,alteration" of the tripartite legal relationship of contract for the benefit of third party,this chapter analyzes the establishment and validation elements,the validity to the tripartite bodies and the contract alteration,and finally discusses the application of arbitration provisions to the third party except for the litigation from the perspective of procedural law.This chapter is intended to pave the way for the construction and operation of the system.The fifth chapter,the legislative choice.The key point of this chapter is to discuss how to construct the system under the background of our country's full enactment of the"Civil Code",in order to realize its connection with the existing legal systems.Finally,the chapter proposes general legislative recommendations on this system,but the formulation of the official legislative provisions needs to be structured more systematically and elaborately.