A Tentative Study on Contract to Be Performed to a Third Party

Article 64 of Contract law of the PRC 1999 does not deny the third party beneficiary's right to performance, and it may include the right within its plain meaning. By the methods of semantic interpretation, systematic interpretation, interpretation in accordance with the intention of legislator and the interpretation of comparative law, the beneficiary's right to performance may and should be affirmed in the Contract Law. A third party may require performance of a contractual obligation when its right to do so has been expressly agreed upon between the promisor and the promisee. A notice from the third party to accept the right makes the right affirmed. If the third party renounces the right to performance, the right is treated as never having accrued to it. If there is a non-performance in the side of the promisor, both the promisee and the third party may seek remedies for it, and there may be some differences in the contents of the remedies of them.