Research On Exceptions To The Principle Of Contract Relativity

The principle of relativity of contract originated from Rome law,which was generally accepted and confirmed by the two legal systems,and was regarded as a cornerstone of contract theory.It is an important basic principle of contract system,and it is very important in the theory of contract.With the evolution of social life,has brought new challenges for the practice of the application of the principle of privity of contract,the contract relationship is a complex state,many contracts involving third party interests began.It is because of this reason,many countries in the reform of judicial practice and the contract system in the development of a revised legal form,this is the "privity of contract" exception,including China's "contract law" in the process of revising,there are legal provisions for some exceptions to privity of contract the.Contract theory has been widely used in all aspects of social life,and the orderly conduct of social transactions depends on the regulation of contract.With the rapid development of society and economy,as the legal norms of the superstructure,it will show some lag in some aspects,which will hinder the development of economy.Study on the exception of privity of contract,the contract for perfecting the legal system of the superstructure to be of great advantage,making the development of the contract system and complement each other in real economy,promote overall social progress and development.In this paper,the principle of privity of contract as the starting point,through a series of theoretical analysis and case study,is committed to the exceptions of the principle of contract relativity in-depth analysis and discussion,explore the essence of the contract relativity principle of exception,which certainly existed the exception system of the inevitable.Beyond the introduction and conclusion,this paper includes the following four parts:The first part is to study and analyze the basic theory of the exception of privity of contract.On the one hand,starting from the definition and principle of privity of contract,the specific content and the traceability system of contract status,the contract system of the foundation of the principle of the system in detail;on the other hand,makes a brief introduction to the contract relative principle of exception,elaborates the meaning,historical evolution,the relativity principle of the contract with the exception of the relationship between the two and the exception of privity of contract "in the basis of claim.Based on the above discussion,the theoretical basis of the later.The second part is the specific analysis of the exception of the principle of privity of contract.The part of the "exceptions" divided into six types,namely the contract for the benefit of third party,the third party infringing creditor's rights,with the protection of the role of the third contracts,third people to perform,not breaking the sale of lease,right of subrogation and rescission are analyzed.The third part is the review of the relevant laws and.regulations of China's existing laws and regulations relating to the doctrine of privity of contract exception,some key problems facing to the principle of relativity analysis and the "exceptions"in our country at present some deficiencies reflected in judicial practice is expounded.The fourth part is some ideas on the perfection of the principle of privity of contract.It includes three aspects:first,from the perspective of the concept of perfection;the other is from the perspective of "the scope of exception",and the other is the improvement of the individual type contract in "exceptional circumstances" in two.In the specific text of the three aspects will be described in detail.