合同第三人的利益是合同法的一个重要内容,也是合同法晚近发展关注的一个焦点。受益第三人是否以及在什么条件下有独立的请求权一直是一个难解的法律命题,其难点不仅在于如何处理利益第三人的权利和合同相对性基本原则的关系,而且涉及利益第三人的类别,即何种受益第三人有权依自己的名义要求合同的履行以实现其利益。英美合同法对受益第三人的权利从不认可到认可,经历了一个理念改变的过程,通过对合同相对性原则的改革和对约因要求的变化,确立了受益第三人的法律制度,从而使合同第三人利益的保护趋于完善。在中国合同法中,合同第三人的利益,尤其是受益第三人的权利是一个亟待填补的空白。 The interests of the third party in the contract are an important part of the contract law and a focus of the recent development of contract law. The question of whether and under what conditions a third party is benefited has always been an obscure legal proposition whose challenge lies not only in how to deal with the relationship between the rights of third parties and the fundamental principles of contractual relativity, Category of people, ie, what kind of benefit Third parties have the right, in their own name, to request the performance of the contract in order to realize their interests. From the perspective of the recognition and approval of the rights of benefiting third parties, the Anglo-American contract law has undergone a process of changing ideas. Through the reform of the principle of contract relativity and the change of the requirements of the treaty, the legal system for benefiting third parties has been established. So that the protection of the interests of third parties tend to improve. In China’s contract law, the interests of the third party in the contract, especially those who benefit from the third party, are a blank to be filled.