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On the privity of contract

Author: WangHuiZuo
Tutor: ZhangChi
School: East China University of Politics and Law
Course: Legal
Keywords: Contract Privity of contract Relative breakthrough
CLC: D913
Type: Master's thesis
Year: 2004
Downloads: 434
Quote: 3
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Abstract

Contract relativity is one of the characteristics of the most decisive of the contract system. Contract relativity principle stems from the relative debt, which is an important feature of classical contract theory. The implication is that the contract is only effective Parties, in addition to the parties to the contract, contract rights, nor any other person shall not be entitled to bear the responsibility on the contract. The contract has a long history of relativity. Traced back to Roman law era debt relative rules that have been established. In Rome, the debt that is binding on the parties, \The Justinian Law ladder, \Party shall be responsible for the payment of obligations, the other party is legally entitled to receive payment, the debtor shall perform to obtain certain benefits. \Roman antiquity, the relationship of the debt as a personal relationship, the debtor defaults, creditors can custody of the debtor, and personal as debt guarantees. In the era of Roman law, the debt relative pursue strict relativism, that not only require specific content and responsibility of the debt, the main body of the debt must be strictly specific. This series of Roman law does not recognize the transfer of debt rules. Since Roman dynasties, the debt relative to civil law countries inherited and extended further in the field of contract law, the development of the rules of contract relative. Contract relative to the basic characteristics of the system of contract law, civil law countries the Civil Code or other civil law recognition. The common law system, although there is no debt relative concept, but directly from the jurisprudence developed contracts relative rules, can be described as achieving the same. Relativity Principle of Contract, including the main content of the following three aspects: the subject relative, the relative content and responsibilities of relativity. The so-called relative, referring to the main contract relationship can only occur in a specific subject, only the parties to the contract, one party to the other party to the contract based on contract requests or litigation. The so-called content relative, other than the addition to the law, the contract states otherwise, only the parties to the contract in order to enjoy the rights and obligations under a contract, and assume the obligations arising from the contract, in addition to any other than the parties to the contract

On the privity of contract

Abstract

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