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Contract attached to the protection of the role of the third party

Author: JiangYaQin
Tutor: LiuZhiHui
School: China University of Political Science
Course: Civil and Commercial Law
Keywords: Protection of a third person The principle of good faith Collateral Obligation The expansion of the contractual obligation
CLC: D913
Type: Master's thesis
Year: 2006
Downloads: 194
Quote: 1
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Abstract

Third person outside the protection of the contractual relationship in various countries and regions, more and more attention. Germany by jurisprudence and doctrine of the creation of \The contract originally only the rights and obligations between the parties, the damages for non-contract between the parties shall be resolved in accordance with the law of tort, in accordance with the theory of the \the third party debt fulfill occurrence associated with, and have a special relationship with the creditors, the creditors of its obligations fortune or misfortune to a stake in, and responsibility for the care and protection of the debtor that a third person also. The system was established on the basis of the principle of good faith, the accompanying obligations extend to certain third party debtor's care, protection, and thus between the debtor and a third party to establish a principle of good faith basis to take care of, protection obligations for the content of the relationship of the debt, and also protect the third person's role is to make the contract both creditors and debtors. Thus, if the third party damage to the debtor to fulfill, but investigated the tort liability of the debtor obstacles, contract law, relief can be sought in accordance with such a system. This paper introduced \protection, improve the civil liability system to provide some useful reference. In addition to the introduction and conclusion, the paper is divided into four parts. The first part is a theoretical foreshadowing, mainly on the Compact \Modern civil law, the status of the principle of good faith increasingly significant, and and accompanying obligations on this basis, to open up the outside of the benefit obligation of the contract obligations groups, and thus establish a Contracting negligence liability theory, incomplete payment system, making little displacement of the contractual responsibility of the traditional boundaries of tort liability, contractual responsibility to show the expansion trend. In this context, Germany and France to develop \The second part of the elaborate system of Germany and France on the attached contract \Origin, including \In view of the fact that the system evolved by German jurisprudence and doctrine, so the article cited many typical cases, trying to reflect the establishment of such a system, the use and the development of the whole picture. Of related papers in this part of Germany, the new amendments to the Civil Code, also analyzed.

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