The Law Applicable To The Contract Fulfilled By A Third Party

With the rapid development of the socialist commodity economy,people's transactions in the market economy have become more frequent and diverse.The closedness of the relationship between the two sides of the commodity transaction is replaced by the interdependence of modern commodity transactions,and more and more contracts involve third parties outside the contract.A large number of contracts that set obligations for third parties appear,and contracts executed by third parties are widely used in daily life.The parties to the contract set a performance obligation for the third party outside the contract to constitute a contract executed by a third party,also known as a third party to bear the contract.The contract fulfilled by a third party is not only a manifestation of the freedom of contract,but also facilitates the realization of creditor's rights and improves the efficiency of transactions,playing an increasingly important role in today's society.In the case of A Building Materials Company v.B Construction Company's sale and purchase contract dispute,the two parties debated the facts of the case,which presented two controversial points: First,the behavior of the construction company Lai ' s behavior constitutes a narrow sense of unauthorised representation or agency by estoppel;Second,the agreement between the parties is the agreement on the transfer of credit assignment or the contract performed by a third party.Through the analysis and research of the focus of the dispute,in this case,Lai's behavior constitutes an agent and has reached an agreement with the B construction company to be performed by a third party.In view of the legal system involved in this case,the author classifies the appearance of the rights that constitute the agent and proposes the improvement of the contract performed by the third party.