摘要
为第三人利益合同存在不以"补偿关系"和"对价关系"的存在为前提,它具有独特的法律特征和性质,同时也有缩短给付环节,节约交易成本、丰富合同自由原则的作用。
With the social growth and the change of people's value orientation, the ancient principle that nobody can make contract for others is now facing severe challenge, for countries one after another have recognized the exception of the relativity of contract. Beneficiary-for-third-party contract arises. This article attempts to analyze and elaborate beneficiary-for-third-party contract from its background, character and its magnificence, etc.It also gives some suggestion for Chinese Contract Law about beneficiary-for-third-party contract.
关键词
为第三人利益合同
合同相对性
合同自由
beneficiary-for-third-party contract
privity of contract
freedom of contract