Contracts for a Third-party Beneficiary: a Brief Sketch from the Corpus Iuris to Present-day Civil Law
نویسنده
چکیده
Contemporary jurisdictions of continental Europe are familiar with the legal concepts of a contract in favour of a third-party beneficiary who is not present when the contract is entered into as well as the right of this third party to enforce such a contract. However, these concepts are not easily compatible with the principles of Roman private law. The Swiss Legislation on Obligations (Schweizerische Obligationenrecht) of 1881 was the first to accept the third party contract (art 112 aOR), followed by the German Civil Code (Bürgerliches Gesetzbuch) of 1900 (§§ 328ff BGB). In the Netherlands it was introduced only in 1992, that is when the sixth book of the present Civil Code (Burgerlijk Wetboek) acquired force of law, while in the French Code Civil it is still lacking.
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