Rescission Of A Contract For The Benefit Of Third Party

This paper aims to take the legal rescission of the contract for the benefit of the third party as the study object.The core of the argument is: when there is a statutory rescission of a contract for the benefit of third party,who has the right to terminate the contract,whether the third party has this right.If only the creditor has the right of rescission,whether the exercise of the right requires the consent of the third party.Only the creditor exercises the right to terminate the contract for the benefit of third party is my starting point.Based on the scope of application of Article 94 of the Contract Law,I would distinguish the compensation relationship between unilateral contract and bilateral contract.According to the analysis of three typical unilateral conteacts,such as the contract of gift,the gratuitous commission contract and the contract for loan of money between natural persons.I can inference that provisions of Article 94 of the Contract Law does not apply to it.So the legitimacy of statutory rescission is based on the conditional involvement in the bilateral contract.And in the compensation relationship,the involvement has no relationship with the third party,it can be learned from the cession of the obligatory right.so there is no theoretical basis for granting the right of rescission to the third party.Whether the creditor exercises the right to terminate the contract requires the consent of the third party,there are two differentstatements.I can not agree with the statement that the creditor exercises the right to terminate the contract requires the consent of the third party.There are three reasons they propose:(1)The effect of the creditor exercise the right of rescisson will result in the elimination of the rights of the third party and constitute a disposition of the third party.(2)The third person has already gained trust in his right in the compensation relationship.Terminating the contract will result in damage to its reliance.(3)To protect the right of third parties in the relationship of consideration.I disagree with their statements.In accordance with the right of the third party is subordinate,the creditor exercise the right of rescission does not constitute unauthorized punishment.Whether the third party has a reliance interest worth protecting when the statutory is lifted is also questionable.it conflict with the independence of the relationship to limit the creditor to terminate the contract in order to protect the right of the third party in the relationship of consideration.Based on the interpretation of the meaning of the creditor,it can not be concluded that the creditor is willing to exercise the right of rescission with the third party.In addition,even though the creditor exercise the right of rescission,the third party can still claim damages to debtor and claim the right in the consideration relationship,so the right of the third party can be effectively protected.In the end,I would analyse the rules in the transportation contract,insurance contract and trust contract,which are typical contracts for the benefit of the third party.The legal norms in the contract of carriage already stipulate the subject of the statutory right of rescission,and there is no dispute that the shipper must terminate the contract with the consent of the third party.Article 17 of the Judicial Interpretation of Insurance Law(3)stipulates that the insured shall not be subject to the consent of a third party when the contract is terminated.Article 51,paragraph 2,of the Trust Law stipulates that the trustee of the trustee may not terminate the contract without the consent of the beneficiary.This provision of the Trust Law is based on special considerations,namely the special status of the beneficiary in the trust contract.The beneficiary right of the beneficiary in the trust contract has the nature of propertyrights and creditor rights,and the beneficiary enjoys a series of other rights besides the right to benefit.In summary,the person who has the right to terminate the contract for the benefit of the third party is limited to the creditor,and the creditor does not need the third party's consent when exercising the right of rescission.