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On the Validity of Contract for the Third Party’s Benefit to Third Party

Author: QiGuZuo
Tutor: PengXiHai
School: Xiangtan University
Course: Legal
Keywords: Contract Relativity Third Party Beneficiary Contracts The force of law
CLC: D923.6
Type: Master's thesis
Year: 2005
Downloads: 249
Quote: 1
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Abstract


Contract Relativity classical contract law principle , abide by the contract principle of relativity can not meet the multiple needs of complex social and economic life , but with the growing complexity of economic relations and contracts socialization . Recognition of the interests of the third party contract not only stems from the parties' respect and carry forward the spirit of the autonomy of private law , but also the objective needs of social development . It helps to trust the protection of the interests of the third party , can be more effective in reducing the cost of litigation and to achieve social justice . The interests of a third party contract first to achieve a breakthrough contract is relatively reasonable . It is a parties to the contract given to a third party in order to benefit from the contract outside directly to obtain the debtor 's right to a claim for the contract . Its core is the question of the validity of the third person . In this paper, the effectiveness of the third person of the interests of the third party contract definition and effectiveness on the basis of the doctrine be Review of States on the interests of a third party contract theory , put forward the interests of a third party contract for third parties , analysis of the constituent elements of the interests of a third party contract third parties , and focuses on the specific content of third parties that the rights and obligations of the third party . To improve our civil legislation , I believe that our country should be established in the Civil Code of the forthcoming general rule, the interests of a third party contract given to a third party independent debtor requests the right to establish an independent third party creditor status .

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