On the Third-Party Beneficiary Contract
Tian Shao-hua
Abstract
Tian Shao-hua
Abstract
The third-party beneficiary contract is a kind of special contract which the debtor must perform his duty to the third party. The third party has the right to demand the debtor performing the duty, and the debtor may address their plea against the third party on the basis of the contract.Beacause the article 64 of existing Chinese contract law does not entrust any legal status of the third party,it is not the contract referring to the third party.
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The third-party beneficiary contract is a kind of special contract which the debtor must perform his duty to the third party. The third party has the right to demand the debtor performing the duty, and the debtor may address their plea against the third party on the basis of the contract.Beacause the article 64 of existing Chinese contract law does not entrust any legal status of the third party,it is not the contract referring to the third party.
Key concepts: Third party, Debtor, Duty, Beneficiary, Business, Exclusion clause, Law, Frustration of purpose