제3자를 위한 계약의 법리적 전개 -일본에서의 입법과 이론적 전개를 중심으로-

There is a theoretical confrontation between the direct acquisition theory (Akkreszentheory) and the approval theory(Akzeptationstheory) for contracts for third parties under the Civil Code of Korea. It is a result of accepting the Japanese Civil Code, which takes an eclectic approach to regulating third-party contracts by bringing together German and French regulations that have different systems.* This work was supported by Development Fund Foundation, Gyeongsang National University, 2015. ** Professor, college of law, Gyeongsang National University. In Japan, there has been the confrontation between a direct acquiring theory and a succession acquiring theory on the third party status, in relation to the legislative process and the interpretation of the law in contracts for third parties. It is the mainstream of scholar’s theory and judicial judgments that the basic form of the Japanese Civil Law adopts the direct acquisition doctrine. However, the principle of direct acquisition is contrary to the basic attitude of the civil law that the interests of the parties concerned is solved by the principle of equality in the contract for the third party, and is pointed out that it gives a superiority to a third party rather than other interests such as the creditor of the contractors. In Japan today, the significance on the indication of profits approval by third parties is newly highlighted in order to improve the problems of direct acquisition and to make more effective solutions among stakeholders in contracts for third parties. In addition, a new attempt is being made to set the status of third parties by diversifying the structure and nature of contracts for third parties. This trend will help us to establish a new basic framework for contracts for third parties and build a proper theories to improve the problems that arise from existing theories.