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合同相对性原则作为合同法的基础理论之一,是合同制度的奠基石。然而在近现代法上,合同相对性原则理论不断的受到挑战且已遭到突破。例如为第三人利益的合同就是合同相对性原则突破的一个典型。我国合同法是否确定了为第三人利益的合同,第三人能否根据合同当事人的约定享有对债务人的履行请求权,本文将对此进行粗浅的探讨。
As one of the basic theories of contract law, the principle of contract relativity is the cornerstone of the contract system. However, in the modern law, the theory of the principle of contract relativity has been constantly challenged and has been broken. For example, the contract for the benefit of the third party is a typical example of the principle of the relativity of contracts. Whether the contract law of our country has confirmed the contract for the benefit of the third party and whether the third party can enjoy the right of requesting the debtor according to the contract of the parties to the contract will be discussed briefly in this article.