The emergence of the rights of a third party in whose favor the contract is concluded
Journal: Scientific review, Науковий огляд, Научное обозрение (Vol.10, No. 42)Publication Date: 2017-12-23
Authors : Sviridyuk S. M. Gerasimchuk L. V.;
Page : 103-111
Keywords : contract in favor of a third person; the person who entered into the contract; the creditor; the debtor; the third person; the beneficiary of the acquirer;
Abstract
The article analyzes the issues of obtaining a third party in favor of which the contract is concluded, claims rights. It is noted that there is little legislative regulation regarding this issue. It turns out that in the legal literature there are different views on the emergence of the rights of a third person in whose favor the contract was made. It is indisputable that the contract in favor of a third party excludes the existence of "harm" to a third person, that the model of the contract in favor of a third party provides the principle of freedom of contract. The peculiarities of the investigated contract, established by the current civil law, are analyzed.
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Last modified: 2017-12-23 01:42:17