STEMM Institute Press
Science, Technology, Engineering, Management and Medicine
A Brief Introduction to Third-Party Performance on Behalf of a Third Person
DOI: https://doi.org/10.62517/jel.202514206
Author(s)
Lingxuan Hong
Affiliation(s)
School of Law, China Jiliang University, Hangzhou, Zhejiang, China
Abstract
Article 524 of the Civil Code stipulates the system of performance by a third party, the conditions and legal effects of performance by a third party with legitimate interests, and provides a legal basis for dealing with cases of voluntary performance by a third party in practice. However, the nature of the provision itself, as well as the interpretation and application of space for further discussion. Article 30 of the Judicial Interpretation of the Codification of Contracts further typifies the third party with legitimate interests. This paper centers on the third person to perform for the system of the background and composition of the elements, “legal interest of the third party” of the specific types and the legal effect of the system, in order to analyze the system, in order to outline the third person to perform for the system of the basic system.
Keywords
Third Party; Performance on Behalf of the third Party; Legal Interest; Civil Code; Judicial Interpretation of Contract
References
[1] Wang Liming and Cui Jianyuan. New theory of contract law-general provisions. Beijing, China University of Political Science and Law Press, 2000:546. [2] Wang Y. Theory Outline of the System of Payment in Lieu of Satisfaction. Law Review. 1995, (01): 207. 1995, (01): 20. [3] Wang Liming. On third-party performance in lieu of payment - centering on Article 524 of the Civil Code. Journal of Law. 2021, 42(08): 8.. [4] Lu Jiahao. Interpretative theory of the subrogation system of third-party liquidation in the civil code. Journal of East China University of Political Science and Law. 2021, 24(03): 33. [5] The Leading Group of the Supreme People's Court for the Implementation of the Civil Code edited: Understanding and Application of the Contract Part of the Civil Code of the People's Republic of China, People's Court Press, 2020 edition, p. 422. [6] FUJIO YUBO, A General Introduction to Japanese Civil Law Claims, edited by Shengrong Zhuang, Taipei: Wunan Book Publishing Company, 1998, p. 335. [7] Huang Wei. The Interpretation of the Contract Part of the Civil Code of the People's Republic of China (Upper Book), China Law Press, 2020 edition, p. 214. [8] Wang Liming. Interpretation and Commentary on the Chinese Civil Code: Contract Part - General Provisions, People's University of China Press, 2020 edition, p. 310. [9] Gao Shengping, Tao Xinming. On the legal application of third party's liquidation on behalf of a third party--analysis of Article 30 of the Interpretation of the General Principles of the Contract Part of the Civil Code. Social Science Research,2024(01):42-55. [10] Li Xiaoyang: “On the Guarantor's Assumption of the Main Claim after the Guarantor's Satisfaction”, Oriental Law Journal, 2023, No. 1.
Copyright @ 2020-2035 STEMM Institute Press All Rights Reserved