Volume 26, Issue 94 (summer 2021)
__Judicial Law Views __2012__, 26(__59__): __22453 |
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Habibi M. A comparative study of third party benefit commitment In the Commonwealth system and German-Roman law. دیدگاههای حقوقی 2021; 26 (94) :23-53
URL: http://jlviews2.ujsas.ac.ir/article-1-1644-en.html
URL: http://jlviews2.ujsas.ac.ir/article-1-1644-en.html
phd private law and assistant professor of the univercity and faculity member of univercity , dr.habibi99@yahoo.com
Abstract: (942 Views)
Stipulation for the benefit of a third party
In a contract the parties may stipulate a right or an obligation for the benefit of a third part. There is almost no disagreement as to the impossibility of stipulation directly a right for the benefit of a third party, with or without his or her prior or later consent or disagreement.
In this article, the background, concept, nature and the legal effects of such stipulation is studied. The study is conducted mostly based on a comparative study of the common law and to some extent civil law systems with an emphasis on the doctrine and case law.
Keywords: Right, stipulation for a third party, Court decisions, third party, doctrine, consideration, privacy of contracts
In a contract the parties may stipulate a right or an obligation for the benefit of a third part. There is almost no disagreement as to the impossibility of stipulation directly a right for the benefit of a third party, with or without his or her prior or later consent or disagreement.
In this article, the background, concept, nature and the legal effects of such stipulation is studied. The study is conducted mostly based on a comparative study of the common law and to some extent civil law systems with an emphasis on the doctrine and case law.
Keywords: Right, stipulation for a third party, Court decisions, third party, doctrine, consideration, privacy of contracts
Keywords: Right, stipulation for a third party, Court decisions, third party, doctrine, consideration, privacy of contracts
Type of Study: Critical & Analisis |
Subject:
Pivate Law
Received: 2019/06/08 | Revised: 2022/12/19 | Accepted: 2021/09/12 | Published: 2021/10/20 | ePublished: 2021/10/20
Received: 2019/06/08 | Revised: 2022/12/19 | Accepted: 2021/09/12 | Published: 2021/10/20 | ePublished: 2021/10/20
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