第三人利益合同的概念及成就的条件

The Concept and Being Conditions of theContract with Interest of a Third Party

第三人虽非缔约方,但因债权人及债务人在所订立的合同中为其约定了利益,因此取得了相关合同权利。这是第三人利益合同的本质规定性,因而也构成了第三人利益合同概念的基础及第三人利益合同成就的核心条件。此外,无论是第三人利益合同的概念还是成就的条件,其规制都甚为复杂。

Although the third party is not a party to the contract, still the third party is entitled to certain contract rights which arise from interest -specifying in the contract for the third party by the creditor and the debtor. This is the genuine nature of the contract with interest of a third party （hereinafter called ＂the Contract＂）, thus constitutes the basis for the concept of the Contract and as well the key condition for the being of the Contract. In addition, it＇s really complicated to regularize both the concept and conditions for the being of the Contract.