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Study on Legal Acts for the Benefits of the Third Person

Author: AnBaiShan
Tutor: LiYongJun
School: China University of Political Science
Course: Civil and Commercial Law
Keywords: The interests of legal acts of the third person Autonomy The patterns of behavior of both sides Unilateral behavior patterns Correction of unilateral behavior patterns
CLC: D913
Type: Master's thesis
Year: 2010
Downloads: 67
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Abstract


The object of this paper is a legal act for the interests of a third party, that given the legal acts of the third person purely legal interests. The traditional mode of entry into force of the legal acts in the interests of a third person, there are two that both patterns of behavior and unilateral behavior patterns. The patterns of behavior of both sides requires all legal acts for the interests of a third party would require the consent of a third party before the third party takes legal effect, unilateral behavior patterns recognized as legal acts of the interests of a third party without the consent of the third party while the third person to be legally effective. Careful analysis can be found, the unilateral behavior patterns or patterns of behavior of both sides are flawed: both patterns of behavior and the principle of autonomy fit, but it failed to reflect the legal act for the interests of a third party such behavior has the particularity; unilateral behavior patterns take into account the special nature of the legal act for the interests of a third person, the third person will be presumed to accept a grant of its interests, but did not set the necessary relief channel unwilling to accept the case of the third person. At the same time, the positive law for each specific mode of entry into force of the legal acts in the interests of a third party to do is not entirely consistent with the provisions of the same kind of specific legal acts for the interests of a third party, different countries adopt different effective mode case, the above-mentioned inconsistencies between appropriate to support the theory. Based on this, I tried to draw on the institutional structure of the interests of a third party contract, legal acts in the interests of the third party system structure and innovation. This paper that the interests of a third party legal acts commencement of theoretical model, comparative studies and empirical analysis. Based on two legal acts of the interests of a third party in the traditional mode of entry into force of the comparative analysis of the strengths and weaknesses of its existence, the advantage of the correction based on unilateral behavior patterns. Each typical analysis of specific legal acts for the interests of a third person, in particular, the specific provisions of the law based on empirical analysis, and summarizes their commonalities, for unilateral behavior patterns amended applies to all legal acts for the interests of a third person provide a basis for support. In addition to the introduction and conclusion, the paper is divided into three chapters. The first chapter from start to determine its concept defined by legal acts for the interests of a third person, and put forward the issues discussed in this article, to determine the scope of the article discusses. Discussed later, this chapter will the typical specific legal acts for the interests of a third person, collate and analyze, and summarize their commonalities. The second chapter analyzes the legal acts of the interests of a third party, the three legislative model, introduced in each legislative mode analysis of specific legal acts for the interests of a third person, at the same time, the pros and cons of the patterns of behavior of both sides, unilateral behavior patterns carried out a detailed analysis of the advantages of the the unilateral behavior patterns amended, made a detailed description. Chapter III based on the principle of autonomy of the the unilateral behavior patterns amendment further discussed, in order to fully demonstrate the reasonableness of the theory. At the same time gave a brief discussion of the problems of the of several specification design level correction unilateral behavior patterns, the unilateral behavior patterns in order to better understand and apply the correction processing for the interests of the legal acts of the third person.

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CLC: > Political, legal > Legal > UNIVERSITY > China and France
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