Research On Claim Of Third Party Beneficiary For The Contract To The Third Party's Benefit

This article puts the right of third party to the third party's interest contract,from the perspective of its historical evolution,source,content and exercise,to demonstrate the necessity of giving third party the right to request.The first part of this paper analyzes the historical evolution of the system of third party claims.From the perspective of the origin of time,the third claim for third-party interests was first born in Roman law,and then the civil law system and the Anglo-American law system successively established the relevant systems.Theoretical scholars have been controversial about whether to grant third parties the right to request,and have completed the transition from complete negation to affirmation.From the legislative style and judicial system in our country,it can be seen that the legislators have a relatively negative attitude towards giving third parties the right to request.Although the third party's right to request is stipulated in the single law of insurance law,trust law,etc.,since these laws are all applicable to special types of contracts,they are not generally applicable to general types of contracts,so the rights of third parties are protected.It does not appear to be comprehensive enough.In judicial practice,judges' judgments on disputes arising from third party interest contracts exist in a conflicting situation in the legislation.Therefore,it is very necessary to grant third parties the right to request in the general provisions of our country's contract law.The second part of this article analyzes the source of third party claims.The third-person benefit contract is defined by its nature and is a relatively independent legal structure.From the analysis of the legal relationship in the third party interest contract,the scholar's research has undergone changes from the “two-person relationship” model to the “three-person relationship” model,and finally based on the “three-person relationship” model.The "right-to-acquisition theory" has become the mainstream view point.Of course,giving third parties direct access to the right to pursue the relativity of the contractors and lawmakers is of great significance.However,with the complexity and diversification of the modern business communication model in the 21 st century,the third party's request for third-party interest contracts has given new meaning to the principle of autonomy of will in modern society.At the same time,the initial formation of the trust interest relationship theory is even more pressing the need to grant third parties the right to request.The third part of this article examines the content of third party claims.Since it is necessary to grant third parties the right to request,it is necessary to give third parties the right to request what content is worth exploring.This section starts from the type analysis of the right to request,and divides the right to request for a third person into the right to request based on the content of the contract,the right to request for breach of contract,and the right to request arising from the validity of the contract.The third party shall have the rights to claim payment and receive the right of maintenance based on the contents of the contract.The right to make a request for breach of contract includes whether the third party can rescind the contract or require the parties to the contract to bear the liability for breach of contract.If the validity of the contract appears,whether the third party can directly request the contracting party to bear the responsibility for returning the property is an important issue to be resolved in this section.The fourth part of this paper discusses the exercise of third party claims.For the exercise of the third party's right to request,it is not only necessary to clarify the scope of the third party's subject,but also to clarify the performance of the third right to claim.Because the third party does not have the legal status of the parties to the contract,it is natural that there must be certain restrictions when exercising similar claims of the parties to the contract.On the one hand,it manifests itself as a common restriction of rights in the field of rights and private law,and on the other hand,it shows the conflict between the third party exercising the right to demand and the rights of the contracting parties.Therefore,if the legal system needs to be embodied in a third party interest contract system,the above content must be clarified,otherwise it is not conducive to the legal protection of the third party's rights.