Contracts for a Third-Party Beneficiary: A Historical and by Jan J Hallebeek, Harry Dondorp

By Jan J Hallebeek, Harry Dondorp

Via contemporary alterations of Dutch (1992) and English (1999) inner most legislation, contracts for a third-party beneficiary are in Western Europe these days thought of to be potent and enforceable. this idea is, although, incompatible with either the civilian culture at the continent and the normal parties-only-rule of English universal legislations. the aim of this research is to teach the best way the matter of the third-party beneficiary was once handled throughout the a variety of classes of western criminal proposal and to debate the topic from the point of view of present-day comparative law.This booklet is not just of curiosity for felony historians, but additionally for all who're engaged in present-day inner most legislations: students, practitioners and complex scholars. members comprise, Dabid Ibbetson, Regius Professor of Civil legislation on the college of Cambridge and Hendrik Verhagen, Professor of personal overseas legislations, Comparative legislations and Civil legislation on the Radboud college Nymegen, legal professional on the company Clifford likelihood Amsterdam, and deputy justice on the courtroom of Appeal's Hertogenbosch.

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This did not imply that the promisor and stipulator were entirely free in phrasing the promise. 9 the promise was phrased as directed to ‘you’ (the stipulator). According to Nicolaus de Tudeschis (or Panormitanus, 1386–1445), however, he should have done so. 21 When the promise is directed towards the absent person, according to Canon law it would not have effect, albeit for another reason. Canon law did not require for a valid stipulation an immediate answer by the promisee, but it did require that the promisor’s offer was at a later stage accepted by the promisee.

The gloss quaecumque gerimus ad D. 11: (. ) licet Martinus semper dederit ex alterius stipulatione, quia hoc in multis casibus inueniebat, ut (. ). 48 The gloss nihil agit ad Inst. 4: (. ) Sed Martinus dicebat hos casus facere regulam: at si quis casus esset contra illud, speciale esset at quod hic regulariter dicetur (. ). 49 The terminology of pactum alienum is derived from C. 19. 50 Azo, Summa Codicis, ad C. 3 no. 28 (column 68): Martinus tamen semper ex alterius pacto dicebat dari utilem actionem, quod falsum est.

It also implied that a third party could not acquire an enforceable right, regardless of the kind of contract or legal act the pact in his favour was concluded. 1 Moreover, as we will see below, the maxim was also regarded to be an obstacle to binding oneself through a promise to an absent beneficiary by means of someone physically present at the time the promise was made and acting as an intermediary. 2 The example of Canon law Let us have a closer look at a medieval system of law which already existed before the study of Roman law was taken up, viz.

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