解决问题的有效途径是在一定的条件下承认受益第三人可以自己的名义向违约的债务人提起诉讼。
The only workable solution is empower a third party beneficiary to bring an action on the contract in his own name.
在英美法系和大陆法系的立法和实践中,第三人利益合同已经建立并日臻完善,受益第三人的权利得到很好的保护。
The contract for the benefit of third party has been established in legislation and in practice as well and rights of third party beneficiaries have been well protected in foreign countries.
而西方国家的理论研究和大量的判例已经证明,通过债权人的诉讼来解决受益第三人的损失问题在理论上无法自圆其说,在实践中会遇到很多困难。
Much legal study and cases have showed that it is difficult to deal with the third parry's loss by way of the creditor's claim both in theory and in practice.
提起撤销之诉时,只能以债务人为被告,受益人或受让人只能列为第三人。
When the ones litigate, they can only regard debtor as the defendant, and the beneficiary or the assignee as the third people.
提起撤销之诉时,只能以债务人为被告,受益人或受让人只能列为第三人。
When the ones litigate, they can only regard debtor as the defendant, and the beneficiary or the assignee as the third people.
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