The Restriction Of The Third Party On The Termination Of The Contract In Altruistic Contract

A contract for the advantage of another,in which the original agreement is supplanted by one of altruism,is known as an altruistic contract.The discharge of altruistic contract involves the value balance of reconciling the freedom of expression of the parties and the protection of the parties’ interests,therefore,how to complete the discharge of the contract becomes a prominent issue in the application of altruistic contract rules.On the one hand,the parties negotiate to grant the benefits of the contract to a third party other than the parties,so as to achieve the effect of separating the actual beneficiary of the contract from the parties to the contract;on the other hand,the third party is the actual enjoyer of the benefits of the contract,and if the parties arbitrarily exercise their inherent right to rescind the contract,it will cause damage to the interests of the third party.The justification of the third party’s rights determines the rule construction in the protection of the third party’s rights when the altruistic contract is dissolved.Therefore,the complete genealogy of the study of the third party’s restriction on the release of altruistic contracts is based on the theory of the justification of the third party’s right,and then discusses each type of release separately,forming the theory of the normative construction and judicial determination of the third party’s restriction on the release of the contract.In the framework of the procedural theory of rights,the kernel of the interest of the third party’s right is derived from the altruistic contract,and this interest is legally embodied as the legitimate right of the third party after the evaluation of the legitimacy of the parties to the contract and the third party.Third party rights are different from creditors’ rights.Therefore,if the parties to the contract arbitrarily exercise the basic rights that cause changes in the contractual rights relationship,it will prevent the realization of the rights of third parties.The rights of the third party are derived from the contractual agreement between the parties,and after the third party determines to acquire the rights,the parties to the altruistic contract are not free to change the amount for the benefit of the third party.The purpose and inherent value of the altruistic contract,which is characterized by the efficient handling of the relationship between the three parties and the realization of the interests of the third party,also provides the basis for the legitimacy of the third party’s right to restrict the parties to rescind the contract.According to the current contract cancellation system,the types of contract cancellation include the parties’ agreement to cancel,agreement to cancel,and statutory cancellation.In the case where the parties agree to terminate the contract,the third party can foresee the risk of the contract being terminated when he/she knows the termination clause in the altruistic contract.Since the third party is willing to bear the risk,he/she should be bound by the contract.When the agreed release occurs,the third party cannot restrict the parties from releasing the contract on that basis.However,if the third party has no knowledge of the agreed rescission of the parties,it should be a different matter.Depending on the specific reasons for the third party’s lack of knowledge,we will determine whether the third party can restrict the parties from agreeing to rescind the contract and clarify the subsequent allocation of liability.When the parties agree to terminate the contract,the issue of the value of the parties’ freedom of contract and the protection of the rights and interests of the third party is the most prominent,and there is no certainty in the relevant discussions in the academic and practical circles.If there is a reservation clause in the contract,then the third party is bound by the clause while benefiting from it,i.e.the third party cannot restrict the parties’ consensual termination of the altruistic contract.However,if there is no prior agreement in the contract,and the third party relies on the parties to perform the contract,the parties should also comply with the principle of good faith.Once the parties have proposed a consensual rescission of the contract,the rights of the third party need to be protected with an appropriate slant.In order to prevent the generalization of the protection of third parties,the third party should be able to restrict the termination of the contract by "expressly expressing benefit" and "having relied reasonably".When the parties exercise their right to rescind the contract,the third party is subject to different degrees of restriction for different causes of legal rescission.In the event of force majeure,the contractual purpose of the altruistic contract can no longer be objectively achieved,and there is no point in the survival of the contract.In this case,the third party cannot restrict the parties to rescind the contract,but can request the parties to make an equitable contribution to the resulting loss.When the creditor defaults on the contract,the third party and the creditor actually belong to the same party in interest.If the debtor needs the consent of the third party to rescind,it is undoubtedly against common sense and the unfairness to the debtor is self-evident.Therefore,the debtor who is in compliance with the contract can simply rescind the contract.However,in order to prevent the third party from being unaware of the successive unnecessary costs,the debtor needs to promptly notify the third party that the contract has been terminated.In the event of a breach of contract by the debtor,the parties are required to consult with and obtain the consent of the third party in order to protect the inherent interests of the third party and to ensure that the remedial effect is achieved as desired.The consent of the third party is required to achieve the valuable purpose of altruistic contracts for the benefit of the third party,and should not be considered as a deprivation of the fundamental rights of the parties.This way of handling is also conducive to providing room for negotiation between the third party and the parties to facilitate their work on the protection of contract cancellation,so as to achieve the win-win situation of the interests and values of the three parties.The theoretical rules are ultimately designed to better serve judicial practice and solve the problems of practical application and determination.The release of altruistic contracts has special features in the value coordination.In order to achieve the goal of the system for the benefit of the third party and the freedom of expression of the parties at the same time,it is necessary to consider the effect and consequences of altruistic contract cancellation,and improve the rules of third party restrictions on altruistic contract cancellation.