Study On The Third Party Benefit Contract

Many countries and regions in the world have made mature legislative provisions on the third party interest contract.China has made some provisions on the contract for the benefit of the third party in some separate laws,but the basic civil law of our country has not expressed its attitude towards it,which leads to the lack of basis to deal with the general contract for the benefit of the third party in the background of the separate civil law.The promulgation of the Civil Code declared the legal existence of the third party interest contract in China.However,Paragraph 2 of Article 522 of the Civil Code only recognizes the direct claim of the third party and the claim of the liability for breach of contract,and does not confirm the influence of the intervention of the third party on the revocation,alteration,rescission of the contract,the liability for breach of contract and the litigation status of the third party.The contract for the benefit of the third party is one of the norms established by the practice of coercive law.Therefore,there are many inconsistencies in the handling of the contract for the benefit of the third party in judicial practice.Different courts,higher and lower courts,and parties have different understandings of it.Therefore,the complete construction of the contract system for the interests of the third party is also an effective way to solve the different handling methods in practice.Only in this way,can it be consistent with the development trend of guaranteeing transaction security and improving transaction efficiency of the contract section of the Civil Code of China.This paper starts from the development process of the contract for the benefit of the third party in our country,and then explores the theoretical basis of the contract for the benefit of the third party,and focuses on the possible problems in its development process,so as to solve the problem of how to systematically construct the contract system for the benefit of the third party in our country.This paper is divided into five chapters:Chapter Ⅰ,the development of the third party interest contract in China.This chapter mainly studies the development process of the third party interest contract in China,from the sporadic provisions in Insurance Law,Trust Law and Maritime Law,to the vague provisions in Article 64 of Contract Law,and finally to Article 522 of Civil Code.It shows that the development path of the third party benefit contract in China is tortuous and difficult,thus revealing the great significance of the establishment of this system in China.Chapter Ⅱ,It is the theoretical dispute about the third party’s right acquisition in the third party’s interest contract.This chapter mainly focuses on the theory of the third party’s right acquisition and other basic issues.The theory of acquisition of rights established in the legislation of our country is consistent with the basic principle of the contract for the benefit of the third party and the basic national conditions of our country.Systematic research on this issue is to clarify the essence and basic connotation of the contract for the benefit of the third party,so as to pave the way for the subsequent discussion on the influence of the intervention of the third party on the contract and how to balance the interests of the parties and the interests of the third party.Chapter Ⅲ,the influence of the third party’s intervention on the change of the third party’s benefit contract,is also the focus of this paper.On the basis of the previous two chapters,this chapter dives into the influence of the intervention of the third party of interest on the modification,cancellation and rescission of the contract,and how to balance the relationship between the parties and the third party of interest,which is not only a difficulty in theory but also a difficulty in judicial practice.First of all,this chapter starts from the different attitudes taken by the court to the parties’ alteration and cancellation of the contract in judicial practice,and then clarifies the restrictive mode adopted by the Civil Code for the parties’ alteration and cancellation of the contract.Secondly,this chapter studies the rescission of the contract for the benefit of the third party.Due to the difference in nature between rescission by agreement and unilateral rescission,different approaches are needed to balance the freedom of contract and protect the interests of the third party.Finally,this chapter classifies and studies how to make reasonable restrictions on the termination of the contract on the basis of protecting the interests of the third party in the case of the termination of the contract caused by the fundamental breach of contract for different reasons.Chapter Ⅳ,the liability for breach of contract in the third party interest contract.This chapter mainly studies when the third person and the creditor and request the debtor be liable for breach of contract,and if there is any discrepancy between both request the responsibility form should be considered,and the third person and how to define the scope of the creditors’ request the debtor assume compensation and then studied the creditors and the third person all claims for damages,how do you determine the order of the problem.Chapter Ⅴ,the litigation status of the third party in the third party interest contract.This chapter starts from a series of problems caused by the provisions on the status of the third party in the lawsuit through the pre-judicial interpretation of the Civil Code,and puts forward suggestions on the system construction of the contract of the third party in China through a complete analysis of the determination of the status of the third party in the lawsuit.