"Privity of contract" ( called "privity of debt" in civil law system) is the corner stone of contract rule and system, which underlies wide recognition and respect of "autonomy" and "freedom of contract". 合同相对性原则(大陆法称其为债的相对性原则)是合同规则、合同制度的基石。
A Preliminary Survey on the "Doctrine of Privity of Contract" in Common Law: Leading Cases as a Thread 现代英美契约法上的契约私密关系规则初论&以案史为线索的一个探讨
Legal system of third parties 'right against liability insurers breaks the traditional rules of "privity of contract" in civil law, which is, at the same time, the trend of modern liability insurance law. 第三人对责任保险人的直接请求权制度,是对传统民法的合同相对性原则的突破,同时也是现代责任保险的立法趋势。
There is no concept of "debt" and related system in Common law, so "privity of debt" in Roman law is known as "privity of contract" in Common law. 在英美法中,并不存在债的概念及体系,所以大陆法中的债的相对性规则在英美法中被称为合同的相对性(PrivityofContract)。
The relativity of obligation or the privity of contract, which has been confirmed by common law system and civil law system for a long time, plays an extremely important role in the debt law especially in the realm of contract law. 债的相对性或合同的相对性一直以来为两大法系所确认,在债法特别是合同法领域中占有十分重要的地位。
The author believes that the opponents have a positive view of upholding the basic position of doctrine of privity of contract in law. but in a way, their views are too extreme and one-sided. 笔者认为,反对者的观点即使在提醒我们应当坚持合同相对性原则基础地位方面有着积极地意义,但在某种程度上观点过于偏激、未免片面。