2003Hebei xuekanRequires access

On the Third-Party Beneficiary Contract

Tian Shao-hua

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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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What this paper is about

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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Available 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.

Key concepts: Third party, Debtor, Duty, Beneficiary, Business, Exclusion clause, Law, Frustration of purpose

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