third party beneficiary

简明释义

受益第三人

英英释义

例句

1.The insurance policy named my children as third party beneficiaries, ensuring they receive the payout in case of my death.

保险政策将我的孩子们指定为第三方受益人，确保他们在我去世时能够获得赔偿金。

2.If the delivery service fails to fulfill its obligations, the customer may argue that they are a third party beneficiary of the contract between the retailer and the service.

如果快递服务未能履行其义务，客户可以辩称他们是零售商与服务之间合同的第三方受益人。

3.As a third party beneficiary, Sarah has the right to enforce the contract even though she is not one of the signatories.

作为第三方受益人，萨拉有权执行合同，即使她不是签署人之一。

4.In this case, the charity organization is considered a third party beneficiary because the contract was intended to benefit them financially.

在这个案例中，该慈善组织被视为第三方受益人，因为该合同旨在给他们带来经济利益。

5.The contract explicitly states that John is a third party beneficiary of the agreement, allowing him to claim damages if the terms are violated.

合同明确指出约翰是该协议的第三方受益人，允许他在条款被违反时索赔。

作文

In the realm of contract law, the term third party beneficiary refers to an individual or group that may benefit from a contract between two other parties. This concept is crucial for understanding how contracts can create obligations and rights beyond the immediate parties involved. Traditionally, contracts are viewed as agreements that bind only the signatories; however, the existence of third party beneficiaries expands this notion. To illustrate, consider a scenario where a parent purchases a life insurance policy that names their child as the beneficiary. In this case, the child is not a party to the contract between the parent and the insurance company but will receive benefits upon the parent's death. Here, the child is a clear example of a third party beneficiary. The law recognizes that even though the child did not participate in the negotiation or signing of the contract, they have a legitimate interest in its fulfillment.The recognition of third party beneficiaries serves several purposes. First, it ensures that individuals who are intended to benefit from a contract can enforce their rights. This is particularly important in situations involving family members, dependents, or those who rely on the contractual arrangements made by others. For instance, if a contractor agrees to build a house and the homeowner’s friend is promised a room in exchange for helping with the project, that friend may be considered a third party beneficiary and could potentially seek legal recourse if the promise is not fulfilled.However, not all third parties are automatically granted rights under a contract. Courts typically distinguish between intended and incidental beneficiaries. An intended beneficiary is someone whom the original parties intended to benefit directly from the contract, while an incidental beneficiary is someone who may benefit from the contract indirectly but was not intended to have any rights. For example, if a company contracts with a supplier for materials needed for a project, the employees of the company may benefit from the successful completion of the project, but they are merely incidental beneficiaries and cannot enforce the contract.Understanding the implications of being a third party beneficiary also involves recognizing the limitations imposed by contract law. For instance, a contract may explicitly state that no third parties shall have any rights to enforce its terms. This is often referred to as a 'no third-party rights' clause. Such clauses are essential for parties who wish to limit their liability and control over who can claim benefits from their agreements.In conclusion, the concept of third party beneficiary plays a significant role in contract law by allowing certain individuals or groups to claim benefits from agreements they did not directly enter into. It highlights the interconnectedness of relationships and obligations that can arise from contractual agreements. As society becomes increasingly complex, the importance of recognizing and understanding third party beneficiaries will continue to grow, ensuring that justice and fairness are upheld in contractual dealings. This understanding not only protects the interests of those directly involved but also safeguards the rights of those who stand to gain from such agreements, thereby enriching the fabric of our legal system.

在合同法的领域中，术语第三方受益人指的是可能从两个其他方之间的合同中受益的个人或团体。这个概念对于理解合同如何在直接当事人之外创造义务和权利至关重要。传统上，合同被视为仅约束签署者的协议；然而，第三方受益人的存在扩展了这一概念。举个例子，考虑一个父母购买人寿保险政策，并将他们的孩子指定为受益人的场景。在这种情况下，孩子并不是父母与保险公司之间合同的当事方，但在父母去世时会获得利益。在这里，孩子显然是一个第三方受益人。法律承认，即使孩子没有参与合同的谈判或签署，他们在合同履行中有合法的利益。承认第三方受益人有几个目的。首先，它确保那些打算从合同中受益的个人可以执行他们的权利。这在涉及家庭成员、受抚养人或依赖他人合同安排的人时尤为重要。例如，如果承包商同意建造一座房屋，而房主的朋友承诺以帮助项目为交换获得一个房间，那么这个朋友可能被视为第三方受益人，如果承诺未能履行，他们可能会寻求法律救济。然而，并非所有第三方都自动在合同下获得权利。法院通常区分预期受益人和附带受益人。预期受益人是指原始当事方意图直接从合同中受益的人，而附带受益人则是指可能间接从合同中受益但并不打算拥有任何权利的人。例如，如果一家公司与供应商签订合同，采购项目所需的材料，公司员工可能会从项目的成功完成中受益，但他们只是附带受益人，无法强制执行合同。理解作为第三方受益人的含义也涉及到认识合同法施加的限制。例如，合同可能明确规定，任何第三方不得享有强制执行其条款的权利。这通常被称为“无第三方权利”条款。这样的条款对于希望限制其责任和控制谁可以索取其协议利益的各方至关重要。总之，第三方受益人的概念在合同法中扮演着重要角色，允许某些个人或团体声称他们未直接参与的协议中的利益。它突显了合同协议所产生的关系和义务的相互联系。随着社会变得越来越复杂，认识和理解第三方受益人的重要性将继续增长，确保在合同交易中维护公正和公平。这种理解不仅保护直接参与者的利益，还保障那些有望从这些协议中获益的人的权利，从而丰富我们的法律体系的结构。