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On the Contract for Third Party's Benefit

Tong Gui-ling

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Abstract

The principle of privity of contract will, inevitably cause the parochialism of contract law. After the ablution of new natural law and law realism, the contract for third party's benefit is recognized and a big shock to the principle of privity of contract is caused. The contract for third party's benefit is recognized in the two major law systems in capitalist countries.In China's civil law and contract law, the contract for third party's benefit is not recognized. It is inevitable to protect the third party's benefit, China's contract law should define the contract for third party's benefit.

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What this paper is about

The principle of privity of contract will, inevitably cause the parochialism of contract law. After the ablution of new natural law and law realism, the contract for third party's benefit is recognized and a big shock to the principle of privity of contract is caused. The contract for third party's benefit is recognized in the two major law systems in capitalist countries.In China's civil law and contract law, the contract for third party's benefit is not recognized. It is inevitable to protect the third party's benefit, China's contract law should define the contract for third party's benefit.

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Available abstract

The principle of privity of contract will, inevitably cause the parochialism of contract law. After the ablution of new natural law and law realism, the contract for third party's benefit is recognized and a big shock to the principle of privity of contract is caused. The contract for third party's benefit is recognized in the two major law systems in capitalist countries.In China's civil law and contract law, the contract for third party's benefit is not recognized. It is inevitable to protect the third party's benefit, China's contract law should define the contract for third party's benefit.

Key concepts: Privity of contract, Frustration of purpose, Severability, Exclusion clause, Law, Third party, Unconscionability, Civil law (Civil law)

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