2010•Journal of Hebei University of EngineeringRequires access

Right of the third part in the contract for the benefits of the third parties

Yifei Dong

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Abstract

As an exception of the principle of contract relativity,every country starts to acknowledge contract for the benefits of the third parties one after another,which crisis focuses on the power to the third party.the provision in Article 64 of contract law applied in this problem is considerable obscure.Not only is whether third party can achieve rights under a contract or not ambiguous,but also the design of articles is too sketchy,as swims against the tide of contemporary contract law.Therefore,it has a great significance on the theory and practice to research the right of the third part in the contract for the benefits of the third parties deeply.

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What this paper is about

As an exception of the principle of contract relativity,every country starts to acknowledge contract for the benefits of the third parties one after another,which crisis focuses on the power to the third party.the provision in Article 64 of contract law applied in this problem is considerable obscure.Not only is whether third party can achieve rights under a contract or not ambiguous,but also the design of articles is too sketchy,as swims against the tide of contemporary contract law.Therefore,it has a great significance on the theory and practice to research the right of the third part in the contract for the benefits of the third parties deeply.

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Available abstract

As an exception of the principle of contract relativity,every country starts to acknowledge contract for the benefits of the third parties one after another,which crisis focuses on the power to the third party.the provision in Article 64 of contract law applied in this problem is considerable obscure.Not only is whether third party can achieve rights under a contract or not ambiguous,but also the design of articles is too sketchy,as swims against the tide of contemporary contract law.Therefore,it has a great significance on the theory and practice to research the right of the third part in the contract for the benefits of the third parties deeply.

Key concepts: Severability, Third party, Frustration of purpose, Exclusion clause, Privity of contract, Third person, Unconscionability, Law

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