2009•Journal of Anhui Radio & TV UniversityRequires access
Legal Evolution and the Right of the Third Party in Contract for the Benefit of The Party
Cai Xin-xin
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Abstract
The protection of the right of the third party develops more mature in continental law system and common law legal family.However,Chinese contract law has not adopt the system.According to the historical evolution of the law,it could be found that the system plays an important part on the freedom of the contract,protection of the trust in the interests of the inherent and the saving of the resourses.Therefore,we could perfect the protection of the right of the third party with the method of giving the right of a direct request for payment,claiming for damages,mandatory performance request and the involvement of the right to cancel the contract to a third party.