Research on the Contract for the Benefit of Third Parties

Ruoyu LI

Abstract


The relativity of contract has been one of the most important basic principles in the contract law. With the development of social economy, however, the relativity of contract is facing more and more challenges—the complexity of business transactions makes the execution of many contracts related to the third parties, and trying to use contracts to benefit the third parties has become especially common. In that case, several questions are aroused in theory such as whether the contract for the benefit of third parties is rational, and how to build the institution of the contract for the benefit of third parties and so on. Given this situation, this paper explained the rationality and legitimacy of the contract for the benefit of third parties. After comparing the legislative examples in many countries, the paper tried to establish the right system related to the contract for the benefit of third parties, and provided advice on Article 64 of Chinese Contract Law.


Keywords


Contract for the benefit of third parties; Rationality and legitimacy; Right system

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References


Corbin, A. L. (America) (1998).Corbin on Contracts (W. G. Wang, et al, trans. pp.177, 183, 197). Beijing: Encyclopedia of China Publishing House.

Han, S. Y. (2004). Discussion on contracts executed by the third party: explanation of Article 64 of China’s Contract Law. Science of Law, (6).

Huang, M. S., & Zhang, Y. M. (2006). Research on Roman Contract System and Modern Contract Law (pp.107-109). Beijing: China Procurational Press.

Maine, H. S. (Britain). Ancient law (J. Shen, Trans., p.177). Beijing, The Commercial Pres. Cited from Research on Roman Contract System and Modern Contract Law (p.106). Beijing: China Procurational Press.

Medicus, D. (Germany) (2004). Allgemeiner Teil des BGB (J. L. Du & Z. Lu, trans., pp.25, 585). Beijing: Law Press.

Sun, S. Y. (1998). The Pandect of civil law (p. 612). Cited from Wang, Z. J., Research on civil law and its cases (Vol.7, p.162). Beijing: China University of Politic Science and Law Press.

Wagatsuma, S. (Japan) (2008). Lectures on Civil Law of Wagatsuma Sakae: Discussion on Creditor’s Rights, (H. Xu, Trans, Vol.1, pp.107, 114-116), Beijing: China Legal Publishing House..

Wang, L. M (2003). Research on contract law (p.55). Beijing: China Renmin University Press.

Wang, Y. (2003, May). Rights of the third party beneficiary of the contract of the third party’s interests. A master’s thesis of China University of Political science and Law.

Wang, Z. J. (1998). Research on civil law and its cases (Vol. 7, p.162). Beijing: China University of Politic Science and Law Press.

Yin, T. (1995). Modern contract law of France (p.283). Beijing: Law Press.

Yin, T. (2001). On contracts concerning the third party: discussion on Articles 64 and 65 of contract law. Chinese Journal of Law, (1).

Zhang, J. B. (2000). Principle of civil law (Vol.2, p.74). Beijing: China University of Politic Science and Law Press.




DOI: http://dx.doi.org/10.3968/10951

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