为第三人利益合同研究
发布时间：2018-10-14 09:23
【摘要】：合同相对性原则一直在合同法中处于基础地位,发挥着重要的作用,它的产生和发展与当时的价值观念和社会经济发展水平相关。但是随着社会交易的日益频繁和复杂,合同的效力已不再只约束双方当事人,而是产生了涉他性,继续固守着合同相对性原则己难以满足经济快速发展的需求,对合同相对性原则进行适当的突破已成必要之举。因此,为了合理的衡平双方当事人与第三人之间的权益,两大法系国家陆续制定了例外规定,并逐步通过相关立法和司法实践确立了为第三人利益合同制度。而我国却没有成立真正意义上的为第三人利益合同制度,这给司法实践中的操作带来了种种困扰,因此有必要对为第三人利益合同制度进行探讨。本文正文部分共分成四章对为第三人利益合同制度进行了论述。第一章主要是对为第三人利益合同制度的概述,具体包括为第三人利益合同制度的历史发展、价值功能,概念的界定和特征,以及与其他相关法律制度的区别。第二章是对为第三人利益合同法律构造的阐述,主要论述了合同的构成要件,以及对债权人、债务人和第三人的效力等方面。第三章主要从立法和司法实践对为第三人利益合同的现状进行了分析,并分析了其存在的问题。第四章是对为第三人利益合同制度在法律适用上的完善建议,主要包括了确立为第三人利益合同制度的必要性,立法上的建议,司法适用上的建议。
[Abstract]:The principle of relativity of contract has always been in the basic position in the contract law and plays an important role. Its emergence and development are related to the value concept and the level of social and economic development at that time. However, with the increasing frequency and complexity of social transactions, the effectiveness of the contract is no longer restricted only to both parties, but has produced other, and it is difficult to meet the needs of rapid economic development by continuing to adhere to the principle of relativity of contract. It is necessary to break through the principle of relativity of contract. Therefore, in order to balance the rights and interests between the parties and the third party, the two legal system countries have formulated the exception provisions one after another, and gradually established the contract system for the benefit of the third party through the relevant legislation and judicial practice. However, our country has not established the contract system for the benefit of the third party in the real sense, which brings all sorts of troubles to the operation of the judicial practice, so it is necessary to discuss the contract system for the benefit of the third party. The text of this paper is divided into four chapters to discuss the contract system for the benefit of the third party. The first chapter is an overview of the contract system for the benefit of the third party, including the historical development, value function, definition and characteristics of the contract system for the benefit of the third party, as well as the differences between the contract system and other relevant legal systems. The second chapter expounds the legal structure of the contract for the benefit of the third party, mainly discusses the constitutive elements of the contract, as well as the effectiveness of the contract to creditors, debtors and third parties. The third chapter mainly analyzes the current situation of the contract for the third party from the legislative and judicial practice, and analyzes its existing problems. The fourth chapter is to the third party interest contract system in the law application consummate suggestion, mainly has included the establishment as the third party interest contract system necessity, the legislation suggestion, the judicial application suggestion.
【学位授予单位】：南京师范大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D923.6
本文编号：2270047
[Abstract]:The principle of relativity of contract has always been in the basic position in the contract law and plays an important role. Its emergence and development are related to the value concept and the level of social and economic development at that time. However, with the increasing frequency and complexity of social transactions, the effectiveness of the contract is no longer restricted only to both parties, but has produced other, and it is difficult to meet the needs of rapid economic development by continuing to adhere to the principle of relativity of contract. It is necessary to break through the principle of relativity of contract. Therefore, in order to balance the rights and interests between the parties and the third party, the two legal system countries have formulated the exception provisions one after another, and gradually established the contract system for the benefit of the third party through the relevant legislation and judicial practice. However, our country has not established the contract system for the benefit of the third party in the real sense, which brings all sorts of troubles to the operation of the judicial practice, so it is necessary to discuss the contract system for the benefit of the third party. The text of this paper is divided into four chapters to discuss the contract system for the benefit of the third party. The first chapter is an overview of the contract system for the benefit of the third party, including the historical development, value function, definition and characteristics of the contract system for the benefit of the third party, as well as the differences between the contract system and other relevant legal systems. The second chapter expounds the legal structure of the contract for the benefit of the third party, mainly discusses the constitutive elements of the contract, as well as the effectiveness of the contract to creditors, debtors and third parties. The third chapter mainly analyzes the current situation of the contract for the third party from the legislative and judicial practice, and analyzes its existing problems. The fourth chapter is to the third party interest contract system in the law application consummate suggestion, mainly has included the establishment as the third party interest contract system necessity, the legislation suggestion, the judicial application suggestion.
【学位授予单位】：南京师范大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D923.6
【参考文献】
相关硕士学位论文 前8条
1 李智博;第三人利益合同中受益第三人的履行请求权[D];吉林大学;2014年
2 李萌萌;论英美法为第三人利益合同及对我国的借鉴意义[D];中国政法大学;2014年
3 汪德理;第三人利益合同效力研究[D];华东政法大学;2013年
4 杜静遥;论我国第三人利益合同的制度建立[D];西北师范大学;2012年
5 夏文忠;论第三人利益合同[D];华东政法大学;2012年
6 郭爽;第三人利益合同研究[D];沈阳师范大学;2012年
7 万盛;第三人利益合同初论[D];华东政法大学;2011年
8 黄瀚瑶;第三人利益合同效力研究[D];广东商学院;2010年
，本文编号：2270047
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