旅游合同第三人与旅游者权益保护

The Third Party of Travel Contract and the Protection of the Tourists’ Right

合同第三人制度作为合同法总则的重要内容之一,对于作为无名合同又经常涉及第三人的旅游合同具有重要意义。结合《旅行社条例》等新颁布旅游法规,将合同第三人制度具体化于旅游合同制度中,明确旅游合同之债权人、债务人的权利义务以及债务人和第三人承担责任的理由,对于明确旅游者的权利保护情形实属必要。

As an important part of the contract law the institution of the third party is very important for travel contract which is classified as a non-typical contract and has the third party generally.According to the newly published Travel Agency Regulations,the institution of the third party should be interpreted for the travel contract in order to institutionalize the right and obligation of the creditor ,the debtor and the third party of travel contract ,which can give a more effective protection to travel tourists’ right.