Use this URL to cite or link to this record in EThOS: http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.642776
Title: Comparative study on third party rights
Author: Chen, R.
Awarding Body: University of Edinburgh
Current Institution: University of Edinburgh
Date of Award: 2007
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Abstract:
The common traditional legal concept is that privity doctrine is a basic principle in the contract law, which was also introduced into the Chinese contract law. This doctrine has, however, been put under pressure as a result of the tendency towards the reform of third parties’ rights. The idea behind this development is that the third parties’ rights to get benefits from the contract and obtain contractual remedies should be recognised by the law if it is the contracting parties’ intention. As a result of this, a lot of countries have accepted the third parties’ rights by creating exceptions to the privity doctrine or establishing specific legal provisions. This thesis reviews many countries’ laws on third parties’ rights, and compares various theories and decisions of the cases. Based on the discussion of the Chinese historical legal development and existing legal status, an attempt is made to explain that the third parties’ rule should also be reformed in China. Through discussing the current problems in those countries where the third parties’ rights have been recognized, the central question to be discussed is what rules are better to be adopted in China.
Supervisor: Not available Sponsor: Not available
Qualification Name: Thesis (Ph.D.) Qualification Level: Doctoral
EThOS ID: uk.bl.ethos.642776  DOI: Not available
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