一、利他合同概述(一)利他合同的概念经双方当事人约定,由一方当事人向第三人为给付的合同可称为“向第三人履行合同。”向第三人履行合同包括两类:一类是指债务人应债权人之请求,向第三人交付债之标的物,第三人代债权人接受履行的情况,即“经由被指令人而为交付合同(又称非真正利他合同)”。另一类则是指当事人约定,由一方当事人向第三人履行债务,并且基于合同 I. Overview of Altruistic Contracts (I) The Concept of Altruistic Contract As agreed between the parties, the contract to be paid by one party to the third party may be referred to as “performance of the contract with a third party.” The performance contract with the third party includes two types : One refers to the debtor at the request of creditors, the third party to deliver the subject matter of the debt, the third person on behalf of the creditors to accept the performance, that is, “the person ordered by the delivery contract (also known as non-genuine altruistic contracts) ”. The other is the parties agreed that one party to a third party to perform its obligations, and based on the contract