독일법상 제3자를 위한 계약에 있어서 수익자의 지위

In relation the protection of third party in the contract for the benefits of thethird parties, there is theoretical confliction of the directive acquirement of rightand the indirect acquirement of right on the nature to acquire a benefit of a thirdparties. The theorists who advocate the indirective acquirement of rightunderstand that the right of third parties is not their own but derived from thepromisor of the contract. On the other hand, the theorists who supports thedirective acquirement of right regard the right of the third parties as their ownthing originated in the contract for the benefits of the third parties. 63)In two regimes on acquirement of a benefit of a third parties, the legal positionof German takes it's stand on the directive acquirement of right. The differentand core point between the directive acquirement of right and the indirectacquirement of right as the way of right acquirement is that whose benefit shouldbe protect where the benefits of the relations of promisor and the third partieshave the relation of mutual collision. The current trend on the strength of privateautonomy and solution in private law asks for the preference of the benefit ofthird parties. Because German legal position lay stress on the benefit of thirdparties, it would be meaningful to study German legal position of the directiveacquirement of right.