2008Shidai faxueRequires access

The Dilemma and the Revolution—Interpreting the Privity of Contract from the Angle of the Third Party

Wang Yong-hong

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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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What this paper is about

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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Available 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.

Key concepts: Privity of contract, Doctrine, Dilemma, Law, Frustration of purpose, Third party, Balance (ability), Law and economics

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