向第三人给付之契约的分析

向第三人给付契约属于涉他契约,是指债权人与债务人约定使第三人直接取得向债务人请求给付的权利.向第三人给付必须依赖补偿关系和对价关系等基础关系而存在.我国<合同法>64条的规定未涉及第三人可以直接取得请求债务人给付权利,因而不能认定是向第三人给付契约的规定.

Analysis of the Contract of Paying the Third Party

The third party referred to the contract should include the following two: the contract which regulated that the third party could be paid and the contracts are those that the third party should perform his or her duty. The contract referred to the third party is a special suit from which the above mentioned actions could be taken place, and it is different from the reasons of those contracts. The reason why the third party gets his or her right to demand debtors performing the duty, and the creditors have the rights to ask the debtors performing their duty to the third party, is the contract which regulated that the third party could be paid. We should make clear the relation ship of law of creditor, debtor and the third party. Although the articles 64 of existing Chinese contract law do not entrust any status of the third party, so, they are not the contract referring to the third party.