债的相对性原则的突破与完善

债的相对性或合同的相对性一直以来为两大法系所确认,在债法特别是合同法领域中占有十分重要的地位。但是近代各国立法及判例对它已有突破,产生了为第三人利益合同、第三人侵害债权及债的保全等制度。我国也应顺应世界潮流,在民法典中坚持债的相对性原则,完善第三人利益合同制度,建立第三人侵害债权制度和细化债的保全制度。

On the Principal of Relativity of Obligation

The relativity of obligation or the privity of contract, which has been confirmed by common law system and civil law system for a long time, plays an extremely important role in the debt law especially in the realm of contract law. But recently the legislation and legal precedent in many counties have surmounted,bringing about third party beneficiary contract, third party infringing on creditor's claim, preservation of obligation and so on. We must comply with the trendency in the world, in civil code,observing the principle of relativity of obligation, making third party beneficiary contract system perfect, setting up third party infringing on creditor's claim system and elaborating preservation of obligation system.