合同效力范围规则的立场选择与制度适用

Position Choice and System Application of Rules for Contract 's Validity Sphere

我国对合同效力范围规则应当采取的立场是,首先应一般性地承认,基于当事人的意思而享有利益的第三人在合同中的权利,即确认受益第三人可以直接起诉债务人。另一方面,对受益第三人以外的、基于客观事实而存在的其他第三人,能否享有合同权利且直接向债务人主张权利,以及合同对第三人施加义务的问题上,应当持谨慎的态度。在制度适用上,并非必须以当事人具有为第三人创设权利的意思为必要条件,只要合同当事人具有通过合同使第三人获得利益的意思,就具备了第三人享有合同权利的一般条件,至于有无为第三人创设权利的意思,均不影响第三人直接向债务人请求履行合同或提起诉讼的权利。

Chinese legislation should take the following position in the rules for contract 's validity sphere. Generally, we should acknowledge the contract right of a third party who has the interests in the contract based on the intention manifestation of the parties involved, i.e. we should confirm that a third party who has the contract interests has a right to sue the obligor directly. On the other hand, except the benefiting third party, we should take a cautious attitude towards a third party who only exists out of objective facts but has no contract interests from the intention manifestation of the parties involved, especially as to whether such a third party can enjoy the contract right to sue the obligor directly and whether the contract can be binding on such a third party. As far as the system application is concerned, it doesn't necessarily mean that the parties involved in the contract must have the intention to create the right for a third party. Provided that the contractual parties have the intention to benefit a third party via contract, this is generally enough for a third party to enjoy the contract right. No matter whether the intention is created for the right of a third party or not, it has no influence on a third party's right to claim for implementation of contract or take up the litigation against the obligor directly.