论利他契约对契约相对性原则的突破

The Breakthrough about Contracts for the Benefit of Third Persons to the Privity of Contract

契约相对性原则是古典契约法的基本原则 ,而利他契约的出现突破了这一基本原则 ,使契约不仅在当事人之间有效 ,还有涉及第三人的效力。利他契约对契约相对性原则的突破在两大法系有不同的法理解说。

The privity of contract is a fundemental principle,as the cases of contracts for the benefit of third persons turn up,it is not abided by as before.The effect of this contract involves not only the parties but also the third persons.For this there are different explainations in the theory of law in two legal chains.