《合同法》应当明确规定第三人利益合同

The Contract Act Should Expressly Describe the Third Party Interests Contract

第三人利益合同在大陆法系和英美法系曾经表现出不同的发展轨迹。但在现代,两大法系都承认第三人利益合同存在的合理性。我国《合同法》中不存在关于第三人利益合同的一般规定。从贯彻意思自治原则,满足社会生活的实际需要出发,应当在《合同法》中明确规定第三人利益合同。

The introduction of a third party interests contract varies in civil law and common law systems. But now, both legal systems have recognized the rationality of the third party interests contract. After comparing the third party interests contract with Article 64 of the Contract Act of the People＇s Republic of China, these authors determines that there are no general rules about third party interests contract in the Act. To carry out the principle of autonomy of the parties and meet the actual demands of social life, the provision concerning the third party interests contract should be added to the Act and a proposal for this amendment should be put forward.