Altruistic Contract Third Party Protection

Clause 2 of Article 522 of the Civil Code officially establishes the real altruistic contract system,that is,the altruistic contract to be studied in this paper,and quelled the academic controversy about Article 64 of the Contract Law.However,the system of altruistic contract rules cannot be established with too thin laws,and the "blank" in legislation will inevitably lead to various difficulties in the judicial field,especially when infringing on the interests of the third party.The special status of the third person is the key difference between altruistic contract and other contracts.The fundamental purpose of the establishment of altruistic contract is to facilitate the creditor to shorten the payment,but in the actual operation process,it will inevitably have an impact on the rights of innocent third parties and even damage their interests.The third party enjoys rights based on legal provisions or the principle of autonomy of will,and its rights have a legitimate source,which is the fundamental reason for the protection of its rights.According to the new law,the third party has the right to directly perform the claim and the right to claim liability for breach of contract.In this paper,the protection of the third party is taken as the entry point,the infringement of the interests of the third party in the whole process of altruistic contract from its establishment to its completion is taken as the focus,and the third party’s right relief is taken as the starting point to design the system to give the third party adequate protection.This paper discusses the specific situations that affect the rights of the third party when the altruistic contract is revoked,changed,terminated,and the contract is not performed,sets different restrictions for creditors and debtors,and designs corresponding remedies for the loss of the third party through the measurement of the tripartite relationship.In view of the situation of contract cancellation,it makes classification discussion and allows the contract to be cancelled due to defects.Revocation with the consent of the parties requires reference to the offer binding rules to protect the trust interest of the third party.When the contract is cancelled,the third party can claim damages in the causal relationship by maintaining the debtor’s payment and negotiating with the creditor.In view of the alteration of the altruistic contract,the third party is granted the right of refusal and the right to claim compensation for losses within a reasonable period,and can claim the loss of trust interests against any party of the contract.Different conditions should be set for different types of termination of the altruistic contract.The consensual termination is the most strict.When the third party trusts the altruistic contract,it cannot be terminated.To restrict the creditor’s right to rescind requires the consent of a third party.After the termination of the contract,the third party shall not undertake the obligation to return the original property and may require the party causing the termination to bear the liability for breach of contract.In view of the non-performance of the contract caused by the contract parties’ breach,it is necessary to measure the rights between the creditor and the third party...