Research On The Termination Of Contract Benefited To The Third Party

The rights of the third party in the contract benefited to the third party have broken through the traditional principle of privity of contract and formed a unique three-side model of contract,which is not characterized by an increase in the number of parties to the contract but by the expansion of the scope of the subject affected by the effectiveness of the contract.In the contract benefited to the third party,the termination of the contracthas a direct impact on the interests of the third party who is not a party to the contract.Therefore,it is necessary to conduct an in-depth study on the specific rules such as the subject,cause,restrictive conditions and effectiveness of the termination of the contract benefited to the third party,to coordinate or balance the interests of various subjects.Staring from the definition of contract for the benefit of third party,this paper compares the legislation of other countries and regions on the termination of contract benefited to the third party,and probes into the concrete rules of the termination of contract benefited to the third party in China.The first part discusses the definition of the conception of the contract benefited to the third party and its characteristics.It involves the definition of its concept and its distinction from other similar legal systems,expounds the main types of the contract,clarifies the structure and theoretical basis of the internal legal relationship,analyzes the characteristics of the contract benefited to the third party,and determines the correct object for the later study on the rules of contract termination.The second part is a comparative study of the termination of contract benefited to the third party.Firstly,it studies the relevant legal provisions and relevant precedents in the major countries of the two major legal systems.Then it focuses on the current legislative status of the termination of contract benefited to the third party,as well as the problems arising therefrom in judicial practice.Next,it draws lessons from foreign legislative experience,and analyzes the key issues in the termination of coritract benefited to the third party from the legislative.The third part analyzes the specific rules involved in the termination of contract benefited to the third party.Firstly,it points out the reasons that cause the termination of contract benefited to the third party.Then,it discusses the attribution of the right to terminate the contract and determines the subject of exercise of rights.Finally,it discusses the restriction of the third party on.the exercise of right to terminate the contract,which is mainly analyzed according to different causes of dissolution.It is believed that the.conditions for the parties to rescind the agreement must be clearly known by the third party.The agreement termination shall be subject to a third party's acceptance or reasonable reliance on a material change.In the legal termination,the creditor shall be prohibited from terminating the contract without consent of third party,but special consideration shall be given to the creditor when he bears the double payment obligations.The fourth part discusses the legal effects of the termination of contract benefited to the third party.It covers three aspects:in the aspect of restitution,the retrospective effect of the termination of contract is first discussed,and then it is determined that the debtor can exercise the right of restitution to the creditor.As for the return of unjust benefits,it mainly aims at the debtor's claim and can exercise the right of return of unjust enrichment to the third party.In the aspect of compensation for damages,it mainly discusses the attribution of the claim for damages and the third party is entitled to claim for damages after the termination of the contract as the injured party.,In the fifth part,the legislative proposal for the termination of contract benefited to the third party is put forward in China.Firstly,on the basis of the.analysis of the theoretical focus,it analyzes the necessity.of establishing a unified rule of the termination of contract benefited to the third party according to the current situation of China's legislation.Then,based on the above discussion,the corresponding legislative ideas is put forward from two aspects of architecture and content setting for establishing the termination rules of contract for the benefit of third party in our country in the future.The limitation conditions for the parties to rescind the contract shall be specified and the effectiveness rules for rescission of the contract shall be established.