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资本主义经济发展到现代市场经济阶段,以合同为纽带的市场关系具备了前所未有的广泛性和复杂性,现代商业交易的连续性、相关性已成为合同法的经济基础。恪守严格的合同相对性已经越来越难以满足社会利益,实现司法公正的需要,因此,各国合同法开始承认合同相对性原则的例外,允许合同之外的第三人作为受益人向缔约人主张权利,追究违约责任。
The development of capitalist economy to the stage of modern market economy, contract-based market relations with unprecedented breadth and complexity, the continuity of modern business transactions, the relevance of the contract law has become the economic basis. To abide by strict contractual relativity has been increasingly difficult to satisfy the social interests and to realize the need of judicial fairness. Therefore, the contract law of all countries begins to recognize the exception of the principle of contractual relativity and allows the third party other than the contract as the beneficiary to advocate to contractors Rights, hold the responsibility for breach of contract.