论系列合同中的第三人权利

系列合同是围绕着一个中心事件而在不同当事人之间缔结多份合同的现象。按合同相对性原则,合同效力不及于第三人,因此第三人不能针对违约当事人请求救济。然而出于社会正义和司法效率的考量,在系列合同中,赋予受损害的第三人以合同上权利,直接寻求针对违约当事人的权利救济是有正当理由的。实践中,系列合同呈现辐射式和链式两种不同的形态,第三人在不同形态的系列合同中获得救济的条件和方式也有所差异。

The Third Party's Rights in the Series Contract

Series contracts refer to multiple contracts established between different parties concerned around a central event. According to the privity of the contract, the contract cannot be effective with regard to the third party, which means that the third party cannot petition for redress from the delinquent party. However, taking social justice and judicial efficiency into account, it is reasonable that the third party, whose right is violated, should be endowed by series contracts with the right to obtain his redress directly from the delinquent party. In practice, series contracts can be radius-like or chain-like. The conditions or the way in which the third party obtains redress as stipulated in series contract vary depending on the forms of series contracts.