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1、1On the contract for the rights of third generation - the interests of the contract as a third paradigmInterests of a third contract (Contract for the Benefit of Third Party), also known as third party contract or altruistic interests of contract refers to the direction of his party agreed to pay a
2、third person, third person consequent to obtain a direct request for payment of contractual rights. 1 For example, agreement with B, for the benefit of C from the B to C for a certain payment, which was set up contracts the interests of a third person, which is a creditor, or called by the promisee
3、(Promisee), B the debtor, or referred to the promisor (Promi-sor), C is the third person (Third Party Beneficiary). the interests of a third contract, whether it is civil law or common law recognized that outside parties to the contract “third person” entitled to the debtors payment claim, the third
4、 parties to the contract were not able to enjoy the right to contract, this is the challenge of classical contract theory, because the civil law of the “relative debt” (Relativitat des Forderungsrechts) theory that the 2contract takes effect only in the contracting world, the contract for a third pe
5、rson outside the contract has no effect. The reasons are: the contract is the agreement between the parties, the third person did not participate, since it does not have any effects 2 In common law, because the law does not exist on the concept of debt and system, so the civil law in the “relative d
6、ebt” in the common law rule known as “privity of contract” (Privity of contract ), China, some scholars to be translated as “contractual relationship between the parties,” 3 Another scholar to translate it into “tacit contract.” 4 Although the presentation is somewhat different, but in understanding
7、 are refers to “the rights and obligations under the contract can only be added to give the party or parties who” 5 that the validity of the contract and only in the “contracting parties” (parties-only). Under the traditional contract theory, parties to the contract beyond the third person not entit
8、led to contractual rights, that the debtor is not entitled to the payment claim, however, in some special circumstances, the contract beyond the third person was able to bring 3the debtors payment v. 6 As a result, puzzling questions will be followed: the third person as a third person other than th
9、e parties to the contract, the law why should the interests of his relief? how his contractual right to produce of? This paper attempts to contract for the interests of third paradigm to explain the origin of the third person a contractual right. A third effect of the interests of a third party cont
10、ract - the contract externality Classical contract theory will be split into separate transactions aspect, that the parties in addition to the simple exchange of goods do not exist outside of any relationship of this ideal “individual transactions” 7 only two parties, in addition to each party seen
11、from the transaction to the immediate income, but there is no contractual solidarity, the social stability, commitment to the implementation of mechanisms and other basic needs were met by “external God” provided in this transaction, the rights and obligations derived from their commitment to respon
12、sibility to ensure the fulfillment of commitments from outside of God, however, the transactions in the 4economy, social relations completely idealized split into a separate “contract” cell hypothesis does not exist, in fact there is no closed contractual relationship, the relationship between the i
13、nterests of the people are always closely related, as relational contract theory in the classical contract theorys critique of the thought: classical contract theory artificially separate transaction from the larger context of society as a whole spin-off is not desirable of each contract, even if th
14、e individual nature of contract, in addition to exchange of goods, but are related to the relationship, therefore, each contract must in some sense is a matter of contract, since left the community, the real sense of the exchange is not possible, as 马歇尔萨林斯 said, is usually a continuous exchange of m
15、aterial social relations in the event of a short-lived. Social relations are dominant, the flow of goods subject to the constraints of reality, is reality part of it. 8 In other words, to the point of view of sociology of law, due to the close correlation of social relations, modern contractual rela
16、tionship involves a lot of people, outside third parties to the contract was deeply 5influenced by the interests Similarly, the Law and Economics point of view, the transactions in the real world, there is no “complete contract.” Moreover, since the expansion of the effectiveness of the contract, the reality of state contracts with “externalities.” 9 the classical theory of contract law that the validity of the contract only between the parties in the c
