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“合同是基于当事人相互之间的信赖而创设的规范,第三人不得参与其间。合同规定的权利和义务仅仅对合同的各方当事人有效”这是我国合同法的基本原则。但随着商品经济发展和交易信用的需要,尤其是在当前改革开放、搞活经济的形势下。合同权利的扩展,已越来越多地影响着没有参加交易的非合同当事人。因此我们注意和保护非合同当事人的第三者的利益。从而在原合同的义务承担者和权利受让第三人之间产生一种以诚实信用为基础,以公平、合理为内容的法定的权利义务关系,这样,便能充分地调动原合同当事人双方的积极
“The contract is based on the norms created by the mutual trust between the parties and the third party shall not participate in it. The rights and obligations stipulated in the contract are valid only for the parties to the contract.” This is the basic principle of the contract law in our country. However, with the development of commodity economy and the need for trade credit, especially under the current situation of reform and opening up and invigorating the economy. The expansion of contract rights has increasingly affected non-contracted parties who did not participate in the transaction. Therefore, we pay attention to and protect the interests of the third parties who are not parties to the contract. So as to create a statutory relationship of rights and obligations based on honesty and credit, fairness and reasonableness, between the obligor of the original contract and the third party who gave the right, so as to fully mobilize the rights and interests of both parties positive