缘于“不得为他人缔约”的规则,古罗马法并不承认利他合同。但随着实践中各种难题接踵而至,利他合同逐渐被承认,并且第三人权利也愈来愈成为利他合同与不纯正利他合同相区分的核心要素。但判断第三人是否取得权利,则既要考虑合同的约定目的,也要考虑合同的法定目的,受益第三人为或不为受益的意思表示并不影响其权利的取得。 Due to the rule of “not contracting for others”, ancient Roman law does not recognize altruistic contracts. However, as various kinds of problems in practice come one after another, alleged contracts have gradually been recognized, and third-party rights have increasingly become the core elements of the distinction between altruistic contracts and impure contracts. However, judging whether a third party has acquired rights, it is necessary not only to consider the agreed purposes of the contract, but also to consider the legal purpose of the contract. The expression of the intention of benefiting a third party whether or not to benefit does not affect the acquisition of its rights.