The Dilemma and the Revolution—Interpreting the Privity of Contract from the Angle of the Third Party
Wang Yong-hong
Abstract
Wang Yong-hong
Abstract
The doctrine of the privity of contract is one of the cornerstones of contract law,and the essence of the privity of contract contained an evolutionary seed—the third party.But since the 20th century,with the complication of economy and frequent trades,this seed has outgrown the peel.Consequently,it is necessary to acknowledge the status of the seed,namely,the privity of contract,and to demarcate the doctrine and establish the third party system,which can balance the benefits between the third party and contract parties.
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The doctrine of the privity of contract is one of the cornerstones of contract law,and the essence of the privity of contract contained an evolutionary seed—the third party.But since the 20th century,with the complication of economy and frequent trades,this seed has outgrown the peel.Consequently,it is necessary to acknowledge the status of the seed,namely,the privity of contract,and to demarcate the doctrine and establish the third party system,which can balance the benefits between the third party and contract parties.
Key concepts: Privity of contract, Doctrine, Dilemma, Law, Frustration of purpose, Third party, Balance (ability), Law and economics