合同的相对性原则与合同的第三人效力

合同权利义务仅发生于特定的当事人之间 ,但合同效力又常及于第三人。现行《合同法》并未对此作出明确规定 ,而让债务人为所有“第三人”的行为负责是显失公平的。“第三人”应界定为债务人的履行辅助人和上级机关。我国立法应确立第三人侵害债权制度。

Contract's relativity principle and its effect on the third party

Rights and duties of the contract only exist in the contracting parties. But contract's effect often reaches out to the third party. It is not clearly defined in the Law of Contract currently in force. And it is obviously unfair that debtor undertakes all the responsibility for the third party's behaviors. The third party should be limited to the debtor's assistant performer and his higher authority. The legislation of our country should develop the institution of the third party violating credit.