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The altruism contract benefit the third person to request the right to study

Author: TangJieQin
Tutor: SunXiaoPing
School: Fudan University
Course: Civil and Commercial Law
Keywords: Contract Law the third party beneficiary the right of the third party
CLC: D923.6
Type: Master's thesis
Year: 2009
Downloads: 188
Quote: 2
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Abstract

A contract is an agreement between the parties,in principle,valid only between the parties.However,with the increasing economic development,the contractual relationship becomes more complexity,especially in the third party beneficiary contract.This contract has some unique value:shorten the payment,reduce litigation, improve efficiency and reduce the social costs,and could be used to assist the third person..But the provisions concerning this issue in Contract Law that enacted in 1999 are very ambiguous,it recognizes that a third party has the right to receive the benefit agreed in the contract,but denies his right to enforce the contract on the other hand. which is not conductive to the protection of the third party.Although there is some special law related to the system,but still not perfect.Based on the following research methods,such as historical analysis,comparative analysis,value analysis,the thesis aim at illustrating the basic connotation of the contract for the benefits of the third party,discussing the benefit of a third person especially in the complex interaction between the "three party situation" so as to put forward relevant legal reflection on the establishment of system of the contract for the benefit of the third party in China.This thesis,in addition to the introduction and conclusions,is divided into six chapters:The first chapter is is an overview of the third party beneficiary contract,from the concept of the third party beneficiary contract,the difference between the law of others countries,the development of different historical context,as well as contract relations between the three parties.As a brief analysis from four angles to make the initial introduction,the main purpose is making preparation for deeper study.ChapterⅡconsists of two parts.The first part is the value of the foundation,that is,the balance between freedom and justice,the balance between efficiency and security;the second part is the different theories lbasis of civil law and Anglo-American legal systems to pointing out that as a result of legal traditions and theoretical path of the different rights may be granted based on different theories,but simply in order to meet the needs of economic and social development.ChapterⅢdiscusses the basic content of the third party beneficiary contract, including the right to request,the establishment of the right to request the specific content of a third party,the relationship between creditor and debtor,the right to defense,the right to benefit from the transfer of such right.ChapterⅣis focused on the effectiveness of changes in the contract of third party beneficiary.From the contract null and void,and may revoke the contract to start on lifting the two angles and pointed out that although the relationship between the parties are particularly complicated,it requires that the relative benefit of an independent third party,from the respect for party autonomy point of view is necessary,from the design of the system is also feasible.ChapterⅥanalyzes the current contract law to point out that the Article 64 is not the provisions of the third party beneficiary contract of the true nature.To protect the third party’s benefit,the legal System of our country currently lack a unified framework.Comparison of three articles in the Civil Code of scholars have suggested that the relevant provisions of the draft based on their own legislative proposals and put forward my own legislative proposals.

The altruism contract benefit the third person to request the right to study

Abstract

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