Who has Ma Bing s On the Breakthrough of the Principle of Relativity of Contracts 10

In modern market conditions, the complexity of trading relationships and the spread of long-lasting relationships have reduced the certainty of the parties to the contract.

In order to realize a contract, it is often necessary for multiple parties to work together, to establish new relationships and to accept new relationships of dependency or interest, and the participants in the actual performance of the contract may include parties other than the parties at the beginning of the agreement, such as subcontractors, creditors, etc. In this way, a third person intervenes in the original contractual relationship, and the law cannot ignore his existence.

The principle of privity of contract, which presumes that contractual relations have clear and isolated boundaries, is often inconsistent with social realities, which requires the creation of exceptions in order to achieve true fairness and justice.

Under certain circumstances, the benefits of a third party should be granted.

In order to avoid the inconvenience and injustice that may be caused by the strict adherence to the principle of privity of contract, the exception rule has been established in many precedents, and the necessary restrictions have been imposed on this principle to grant rights to third parties on the main grounds of exceptions, such as trust, **, contract assignment, etc.

This is the exception to privity of contract. For example, "the principle of privity of contract does not apply to insurance contracts and trust contracts that promise payment to a third party", and "where the settlor expressly or implicitly agrees to a contract entered into between the trustee and a third party, the settlor is bound by the exemption clause contained in the contract".

Exceptions to the principle of privity of contract.

1 Contract preservation. The right of subrogation under Article 73 and the right of revocation under Article 74 of the Contract Law break through the relativity of the contract, and the contract creditor may claim rights against a third party outside the contractual relationship when the statutory conditions are fulfilled.

2. Buying and selling does not break the lease. Article 229 of the Contract Law stipulates that "if the ownership of the leased property changes during the lease period, the validity of the lease contract shall not be affected". The lease contract has legal effect on the transferee of the leased thing, breaking through the relativity of the contract.

3. Joint and several liability of the subcontractor of the construction contract. The second paragraph of Article 272 of the Contract Law stipulates that: "The general contractor or the survey, design or construction contractor may, with the consent of the employer, entrust part of the work contracted by itself to a third party to complete."

The third party shall be jointly and severally liable to the employer with the general contractor or the survey, design and construction contractor for the results of the work it has completed."

In order to ensure the quality of the construction project and enhance the sense of responsibility of the contractor and the subcontractor, the law specifically stipulates that when there is a quality problem in the construction project, the subcontractor and the contractor shall bear joint and several liability to the employer, thus breaking through the relativity of the contract.

4. In the case of illegal subcontracting or illegal subcontracting, the responsibility of the employer to the actual contractor.

Article 26 of the Interpretation of Construction Contracts stipulates that: "Where the actual constructor sues the subcontractor or illegal subcontractor as the defendant, the people's court shall accept it in accordance with law. Where the actual contractor claims rights with the employer as the defendant, the people's court may add the subcontractor or illegal subcontractor as a party to the case.

The subcontractor shall be liable to the actual contractor only to the extent of the unpaid price of the work".

5 Unimodal Contracts.

Article 313 of the Contract Law stipulates that: "Where two or more carriers carry together by the same mode of transport, the carrier that has concluded a contract with the shipper shall be liable for the entire transportation." If the loss occurs in a certain segment of the carriage, the carrier that has entered into the contract with the shipper and the carrier of that segment are jointly and severally liable".

The actual carrier in the area where the loss occurred has no contractual relationship with the shipper, but is jointly and severally liable to the shipper, which breaks through the relativity of contract.

According to the principle of relativity of contract, there is only a contractual relationship between B and A, so Company B can only claim liability for breach of contract from Company A, and Company A can claim compensation from the automobile company according to the transportation contract after assuming the liability for breach of contract.

Law Press, there are many textbooks related to contracts. Contract Law is available in the book Civil Law by the 21st Century Higher Education Press.

Contract law textbooks will introduce the privity of contract. Take a look at Contract Law in 21st Century Law textbooks.

Two of them. Acceptance is a concept in the law of negotiable instruments, that is, someone agrees to give you money. The law is:

A bill of exchange in which the payer of the bill of exchange promises to pay the amount of the bill of exchange on the maturity date of the bill. The relativity of a contract simply means that the contract binds only the parties to the contract. In general, rights and obligations cannot be created for third parties.

For your question, I also specifically checked the "Business Law", I want the best one

There is no substantial evidence of a verbal contract unless you have recorded it and both parties have confirmed it! So it's better to have a pen and paper contract.

This so-called oral contract has no effect or effect in law, I hope it can help you!

This depends on whether you have a contract or not.

If there is no contract, it is an e-commerce business.

As long as it's not a product problem, it generally won't.

The right of subrogation in contract law.