利他合同第三人履约请求权探讨-法律专业论文.docxVIP

1 1 Abstract Contract is special agreements made between two parties, based on the principle of relativity. However, with the development of economics, contractual relationships become more complex. contract for the benefit of the third party come into being and are used a lot nowadays, taking the third party into the relationship. When the debtor won’t carry out the obligation or act wrongly, does the third party use Performance Request Right to protect his own benefit? Contract Law of China doesn’t have any regulations about this problem, while both the common law system and civil law system have made that Performance Request Right clear. Because of the absence of legislation, different judgment may appear in judicial practice in China. Beginning with analyzing the real cases, this thesis, systemically studies the Performance Request Right issue in China by the means of comparison, explanation of the law items. This article firstly settles the theory of contract for the benefit of the third party systematically and expound scientifically, then study the cases, finally put forward some useful ideas of closing the loopholes concluded from the case study. Four parts included, as follows: The first part, the problem posing part, introduces and analyzes some cases, and settles the theory of contract for the benefit of the third party. The second part, Against the focus of the parties to the dispute, the dispute involved in contract for the benefit of the third party, contract for the benefit of the third party on the legal relationship between a third party compliance to request the right to obtain the theoretical definition and combing. The third part, the problem analyzing part, analyzes the cases given above. Firstly, it defines the principle of the contract in the cases; secondly, it makes theoretical analysis on if the third party get the Performance Request Right, based on the law regulations and contracts’ purposes; finally, it get the final treatment suggesti