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Comparative Study on Third Party Beneficiary Contract Between US and China——Analysis on Article 64 in Chinese Contract Law

Lili Wang

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Abstract

This paper makes comparison between the rules of third party beneficiary contract in US and the rules of article 64 in Chinese Contract Law,and finds out that Chinese Contract Lawaffirms the receive right and benefits of tenure for the third party,but no right to request for its breach. It suggests improving the protection to the right to request and clarifying third party beneficiary contract system in further legislation of China.

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What this paper is about

This paper makes comparison between the rules of third party beneficiary contract in US and the rules of article 64 in Chinese Contract Law,and finds out that Chinese Contract Lawaffirms the receive right and benefits of tenure for the third party,but no right to request for its breach. It suggests improving the protection to the right to request and clarifying third party beneficiary contract system in further legislation of China.

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Available abstract

This paper makes comparison between the rules of third party beneficiary contract in US and the rules of article 64 in Chinese Contract Law,and finds out that Chinese Contract Lawaffirms the receive right and benefits of tenure for the third party,but no right to request for its breach. It suggests improving the protection to the right to request and clarifying third party beneficiary contract system in further legislation of China.

Key concepts: Beneficiary, China, Legislation, Business, Law, Third party, Contract management, Exclusion clause

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