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The Research of Contract for the Benefit of Third Party

Author: GuPeiTao
Tutor: GuZhuXuan
School: Shanghai Jiaotong University
Course: Civil and Commercial Law
Keywords: contract for the benefit of third party the third party’s rights validity basis of the contract purpose narrowed interpretation
CLC: D923.6
Type: Master's thesis
Year: 2008
Downloads: 126
Quote: 1
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Abstract


The paper focuses on the study of the contract for the benefit of third party. The fact that the kind of the contract has been generally recognized by the legislation of most of countries or regions all over the world in the 20th century demonstrates that the theory of privities of contract has been thrown up to some extent and the alternative one characteristic of“three-side legal relations”has come into being. The contract for the benefit of third party involves the interest of three parties and aims at the coordination or balance of the interest of one kind or another of the above-mentioned parties.Except for the preamble, this paper consists of four chapters as follows:First chapter defines the concept of the contract for the benefit of third party. Above all, a general definition of the kind of contract is given so as to make clear the distinction and relation between the kind of contract in a microscope meaning and the pure contract clause. In so doing, the paper limits its discussion and focus mainly on the kind of contract in the microscope meaning.Second chapter give a general insight into the kind of contract from the comparative law prospective. Based on the comparative analysis into the origins and current institutional structures of the kind of contract of both Continent law and Anglo-English law, the paper makes a detailed discussion about its existent value.Third chapter centers on the theoretical foundation of the contract for the benefit of third party and attaches much importance on the study of legal effects of the kind of contract on the creditor/debtor and third party concerned.Fourth chapter attempts to probe into the underlying legislative meaning of the 64th article of the current Chinese Contract Code. Taking advantage of the textbook explanation, systematic explanation, objective explanation and restrict explanation, the paper comes to a conclusion, that is, the article can be no doubt regarded as the legal reorganization of the contract for the benefit of third party in China.

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CLC: > Political, legal > Legal > Chinese law > China and France > Contract Law
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