Constitutional Law. Workmen's Compensation Act. Provision Transferring to Employer Injured Employee's Right of Action against Negligent Third-Party Tort-Feasor Bound by Act Held Unconstitutional

1953 ◽  
Vol 39 (1) ◽  
pp. 100
Keyword(s):  
Constitutional Law ◽  
Third Party ◽  
Right Of Action ◽  
Workmen's Compensation

Relaxations of Contractual Privity and the Need for Third Party Rights in Chinese Contract Law

2018 ◽  
Author(s):  
Chen Lei
Keyword(s):  
Direct Action ◽  
Contract Law ◽  
Third Party ◽  
Chinese Law ◽  
The Third ◽  
Right Of Action ◽  
The Law ◽  
The Third Party ◽  
The Right

This chapter examines the position of third party beneficiaries in Chinese law. Article 64 of the Chinese Contract Law states that where a contract for the benefit of a third party is breached, the debtor is liable to the creditor. The author regards this as leaving unanswered the question of whether the thirdparty has a right of direct action against the debtor. One view regards the third party as having the right to sue for the benefit although this right was ultimately excluded from the law. Another view, supported by the Supreme People’s Court, is that Article 64 does not provide a right of action for a third party and merely prescribes performance in ‘incidental’ third party contracts. The third view is that there is a third party right of action in cases of ‘genuine’ third party contracts but courts are unlikely to recognize a third party action where the contract merely purports to confer a benefit on the third party.

Torts: Workmen's Compensation: Employer's Rights against Third Party Tortfeasors

1962 ◽  
Vol 50 (3) ◽  
pp. 571
Author(s):  
Louis Honig
Keyword(s):  
Third Party ◽  
Workmen's Compensation

scholarly journals Constitutional Law Conflicts and Workmen's Compensation

1972 ◽  
Vol 1971 (6) ◽  
pp. 1037
Author(s):  
Arthur Larson
Keyword(s):  
Constitutional Law ◽  
Workmen's Compensation

Workmen's Compensation. Right of Indemnity by Third Party against Employer

1938 ◽  
Vol 38 (8) ◽  
pp. 1517
Keyword(s):  
Third Party ◽  
Workmen's Compensation
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