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The interests of a third party contract research

Author: YuWenXing
Tutor: LiYuZi
School: Central University for Nationalities
Course: Civil and Commercial Law
Keywords: the contract of the third party’s interest legal validity the validity to the third party
CLC: D913
Type: Master's thesis
Year: 2011
Downloads: 41
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Abstract

Since the 20th century, the universality and complexity of business development has made continuity and relativity of replace the closure and independence of transaction which resulted from a more closed, simple and free economy of the 19th century and become the new economic foundation of contract law. In the frame of modern business, a simple transaction always involves more than two parties under the traditional contract. For instance, under the carriage contract, there are at least three parties involved:the shipper, the carrier and the consignee. If the contract, as a basic method to realize property transfer and faced with a complicated situation totally different from a simplex transaction, still blindly sticks to the principle of relativity that the validity of contract can only be applied to the two parties who sign it and the third party can not assert any interest of it, then under many practical circumstances, it will influence the safety of transaction greatly and deviate from the equity and justice. However, the contract of the third party’s interest endows the third party outside a contract the right to request the debtor to pay his/her debt according to the contract signed by the debtor and creditor, which is obviously a great breakthrough for the principle of relativity of contract and make up for the deficiency for it.Therefore, based on the importance of third party interests contract to the third party consideration, this article will benefit the contract the concept, characteristics, and its effectiveness established condition meticulous analysis. First to the third party interests in the contract with the concept and characters of the comparison with similar concept, give clear defined; And then the third party interests to take effect on contract requirements analysis, the author thinks that a third person’s benefits contract besides need the general contract required constitutions outside, still have their special place: basic contract must effectively, the party has obtained the meaning of third party rights endowed the interests of a third person, have accepted mean said. After contract become effective in a third person’s benefits to the third party, will also, creditors, the debtor legally effective won a third person, so the request directly to the debtor, also won the right to pay for all the creditors defense against the debtor based on the right, the third person will also perform some of collateral obligation; The debtor’s right of defense also have to a third party, and in a third party with the debtor make creditors mean the interests of after receive not the modification or rescission of the contract to avoid damage the rights and interests of a third person. Finally to our country "contract law" the provisions of article 64 of the analysis to the third party, which does not belong to the stipulation of the contract, and benefits for our future in the process of establishing civil code to the third party interests contract should be clearly stipulates Suggestions.

The interests of a third party contract research

Abstract

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