论第三人代为给付契约的司法界定

Abstract

The third person involved in debt means that the course ought to ensure the security of its legal nature, or debt transfer, or a third party to benefit,will directly affect the ultimate accountability. Third party to lease payments and payments on behalf of a third act both for the theoretical circle, or judicial practice, the law is a new application. China’s “Contract Law,” the 65th article of the third party to perform the contract payment the liability method, but not on behalf of third party payment contract for clearly defined, and legal theorists have not systematically on this issue and relatively complete study and comb. The lack of both a direct result of the differences in the administration of justice and the rule differences. The same or similar legal fact, the formation of different courts in different and even contrary ruling, this certainly should cause us to think. We need to appropriate law enforcement standard, and relatively uniform scale. This paper together with the shareholders involved in a typical case of corporate bonds to start, analyzes the meaning of the shareholders involved in corporate bonds, said the legal nature and focus of the third party to benefit the administration of justice define the issues in-depth legal research. This paper attempts to theoretical analysis of typical cases, a clear third party to the judicial definition of lease payments, third party intervention unified debt Responsibility. I hope this benefits all of the third party to resolve contract related issues, serve.