论文部分内容阅读
第三人合同权利的产生经历了这样一个过程:合同当事人在基础合同中通过约定利益第三人约款来赋予第三人利益,第三人基于对合同当事人对其利益的赋予而形成信赖关系,这一利益被类型化为信赖利益与期待利益。进而,信赖利益与期待利益经由正当化,成为一种可由法律加以保护的利益(法益),在立法上规定了信赖利益与期待利益的损害赔偿请求权,第三人的法益便可通过主张诉权受到法律救济。第三人的救济权的产生,使第三人对合同享有的法益通过权利的推定形成法律上实态的给付请求权成为可能。
The third party’s contractual rights have undergone a process whereby the parties to the contract endow the interests of the third party with a third party contract in the basic contract, and the third party forms a trust relationship based on giving the parties to the contract their interest , This interest is typed into trust and expectation of benefit. Furthermore, the trust and expectation of interests through the legitimation of legitimacy, become a kind of law can be protected by the interests (legal benefits), the legislation provides for the trust of interest and the expectation of benefits of damages claim, the legal rights of third parties through the claim of action By law relief. The third person’s right to relief, so that the third party to the legal interests enjoyed by the contract through the presumption of rights to form a legal reality of the right to request payment possible.