第三人利益合同请求权研究

华中科技大学硕士学位论文

Abstract

The formulation of laws is closely related to the degree of economic development. Every specific period of time will have a legal system adapted to the economic development of the time.Only by formulating laws that are compatible with economic relations can we promote rapid economic development and at the same time promote social development.development of.In economic relations,contracts play an important role.The theory underlying the contract law is the relativity of the contract.Throughout the development of the legal world,the relativity of the contract has solved the problems of the parties for quite a long period of time.The legal relationship between.However,at that particular stage,economic relations have not shown complications.The parties to the contract are only the parties who have the rights and obligations.With the emergence of regionalized and internationalized commerce and trade organizations in modern society, there are numerous parties involved in economic contracts.Then,when a third party emerges,how does the relativity of the contract deal with this new situation?It is a complete abandonment,or an appropriate adjustment,which requires a phase of exploration.At this time,the breakthrough in the relativity of the contract was put on the agenda.

The main issue related to the contract relativity breakthrough is the third party to the contractual interest.Then the relevant law set based on the traditional theory does not involve the right of the third party at all,then once the third party’s contractual interest is There is no corresponding relief channel for damage.The exercise of the third person's right to claim can be said to be inconceivable.However,the law is formulated so that the parties have a complete set of behavioral patterns.The ultimate significance is to guarantee the successful completion of the contract.It is precisely because of the actual cases involving the protection of third parties’interests that the judgments of certain

华中科技大学硕士学位论文

countries have first set out a series of systems for protecting the interests of third parties. This is the inevitability of historical development.It is also an urgent problem to be solved in the current economic development.

In China's judicial precedents,because there is no clear and clearly defined law that can be applied,there are often different types of judgments in the class case,some of which,despite the same results,differ in the way the judge applies the law.The application of law must be based on stability,there is no uniform application method, there will be confusion in the application of law,and it will affect the authority of the law. At present,scholars mostly focus on the German model in this issue,and specifically express the contract for the protection of third parties.In the Anglo-American law system, the United States model is a"guarantee for third parties"system.

The author's starting point for this article is based on domestic actual cases,trying to find out the dilemma of the application of law.On the theoretical basis for protecting the interests of third parties,we attempted to start from the provisions of the relevant laws of our country and find out what can be learned by comparing foreign jurisprudence and legislation.The ultimate goal is to sum up a set of effective legal application methods, and to make modest efforts in the formulation of third-party interest contracts and related contract systems in the future.

Key words:breakthrough in the principle of contract relativity,

third party benefit contract,claim right

华中科技大学硕士学位论文

目录

摘要.................................................................................................................I Abstract............................................................................................................III 一导论.. (1)

（一）选题的目的及意义 (1)

（二）国内外研究综述 (2)

（三）研究内容及其方法 (5)

二我国第三人利益合同请求权的立法、司法现状及其问题 (7)

（一）立法及司法解释综述 (7)

（二）司法案例分析 (9)

三第三人利益合同请求权的法理基础 (13)

（一）合同相对性原理及第三人利益合同法律关系结构 (13)

（二）第三人利益合同中第三人享有请求权的正当性 (16)

（三）域外类似制度分析 (21)

四第三人利益合同请求权的取得及行使 (28)

（一）第三人利益合同请求权的取得 (28)

（二）第三人利益合同请求权的内容 (32)

五完善第三人利益合同请求权制度的建议 (44)

（一）在《合同法》中制定完善的第三人利益合同请求权制度 (44)