A Study On The Termination Of Contract Benefited To The Third Party

The contract benefited to the third party is characterized by the parties entering into a contract to enable a third party to obtain rights.Different from the traditional two-person contract,in the contract benefited to the third party,whether the contract is terminated or not affects not only the relationship of rights and obligations between the parties,but also the interests of the third party.Whether to terminate a contract benefited to the third party requires the consent of the third party involves contract freedom and trust protection,and is controversial in both theory and practice.Based on several typical cases,this paper interprets the internal reasons for the different judgments in the case of terminating disputes for the contract benefited to the third party in practice,and takes it as the focus of the following theoretical research.Firstly,this paper clarifies the basic normative structure of the contract benefited to the third party,which mainly includes the compensation relationship between the obligee and the obligor,the consideration relationship between the obligee and the third party,and the execution relationship between the obligor and the third party.Secondly,different rules of terminating such as termination by agreement,termination by appointment and termination by statutory,etc.have different functions and value considerations behind them.The degree of freedom of the parties to exercise their contractual rights and the trust of the third party is also different.This paper carefully weighs the interests of oblige,obligor and the third party under different causes of termination,and uses this as a basis for judging whether and to what extent the parties should be restricted.Finally,from the perspective of the basis of the claim,this paper analyzes the effectiveness of the contract termination on the third party,including the issue of whether or not to retain the payments and claim damages.This paper holds that the right of the parties to terminate the contract is not restricted until the third party manifests the acceptance of the contractual interest.After the third party manifests the acceptance of the contractual interests,in order to balance the interests of all parties,the rights of the parties to terminate the contract should be limited to different degrees according to the different causes of termination and the status of the creditor or the debtor.Under the premise of the termination of the contract,the third party shall return the received payment to the obligor,and in the case of default,the third party may claim damages against the defaulting party.