Contracts for the Benefit of Third Parties in Japan

2018 ◽  
Author(s):  
Masami Okino
Keyword(s):  
Case Analysis ◽  
Case Law ◽  
Contract Law ◽  
Civil Code ◽  
Third Parties ◽  
Third Party ◽  
German Model ◽  
Recent Debate ◽  
The Law

This chapter discusses the law on third party beneficiaries in Japan; mostly characterized by adherence to the German model that still bears an imprint on Japanese contract law. Thus, there is neither a doctrine of consideration nor any other justification for a general doctrine of privity, and contracts for the benefit of third parties are generally enforceable as a matter of course. Whether an enforceable right on the part of a third party is created is simply a matter of interpretation of the contract which is always made on a case-by-case analysis but there are a number of typical scenarios where the courts normally find the existence (or non-existence) of a contract for the benefit of a third party. In the recent debate on reform of Japanese contract law, wide-ranging suggestions were made for revision of the provisions on contracts for the benefit of third parties in the Japanese Civil Code. However, it turned out that reform in this area was confined to a very limited codification of established case law.

Formation of Contract and Third Parties in Cambodia

2018 ◽  
Author(s):  
Ly Tayseng
Keyword(s):  
Academic Writing ◽  
Case Law ◽  
Civil Code ◽  
Third Parties ◽  
Third Party ◽  
The Third ◽  
Contract Formation ◽  
The Law ◽  
The Right ◽  
Formal Requirements

This chapter gives an overview of the law on contract formation and third party beneficiaries in Cambodia. Much of the discussion is tentative since the new Cambodian Civil Code only entered into force from 21 December 2011 and there is little case law and academic writing fleshing out its provisions. The Code owes much to the Japanese Civil Code of 1898 and, like the latter, does not have a requirement of consideration and seldom imposes formal requirements but there are a few statutory exceptions from the principle of freedom from form. For a binding contract, the agreement of the parties is required and the offer must be made with the intention to create a legally binding obligation and becomes effective once it reaches the offeree. The new Code explicitly provides that the parties to the contract may agree to confer a right arising under the contract upon a third party. This right accrues directly from their agreement; it is not required that the third party declare its intention to accept the right.

7. Privity of contract and third party rights

2021 ◽  
pp. 307-358
Author(s):  
Robert Merkin ◽  
Séverine Saintier
Keyword(s):  
Common Law ◽  
Case Law ◽  
Contract Law ◽  
Third Parties ◽  
Third Party ◽  
The Third ◽  
The Subject ◽  
The Common ◽  
Contractual Obligations ◽  
Privity Of Contract

Poole’s Casebook on Contract Law provides a comprehensive selection of case law that addresses all aspects of the subject encountered on undergraduate courses. This chapter examines privity of contract, its relationship with consideration, and the ability of third parties to enforce contractual provisions for their benefit. The doctrine of privity of contract provides that the benefits of a contract can be enjoyed only by the parties to that contract and only parties can suffer the burdens of the contract. At common law, third party beneficiaries could not enforce a contractual provision in their favour so various devices were employed seeking to avoid privity. Statute now allows for direct third party enforcement but in limited circumstances. This chapter examines the background to privity and the attempted statutory reform in the Contracts (Rights of Third Parties) Act 1999 as it has been interpreted in the case law. The chapter also discusses the common law means of avoiding privity as illustrated by the case law, e.g. agency, collateral contracts, and trusts of contractual obligations. Finally, it assesses the remedies available to the contracting party to recover on behalf of the third party beneficiary of the promise, including the narrow and broad grounds in Linden Gardens Trust. It concludes by briefly considering privity and burdens—and the exceptional situations where a burden can be imposed on a person who is not a party to the contract.

7. Privity of contract and third party rights

2021 ◽  
pp. 272-312
Author(s):  
Robert Merkin ◽  
Séverine Saintier ◽  
Jill Poole
Keyword(s):  
Contract Law ◽  
Third Parties ◽  
Third Party ◽  
Legislative Reform ◽  
The Third ◽  
The Law ◽  
Privity Of Contract

Course-focused and comprehensive, Poole’s Textbook on Contract Law provides an accessible overview of the key areas on the law curriculum. According to the doctrine of privity of contract, only the parties to the contract are bound by, or can enforce, the obligations under the contract. A person who is not a party to a contract does not have any rights under that contract and is not subject to any of its obligations (or burdens). This chapter considers the rules of contract law, and related rules, that are applicable to contracts which stipulate third party rights. It considers the relevant provisions of the Contracts (Rights of Third Parties) Act 1999, the scope of the legislative reform, the test for third party enforceability and how the doctrine of privity of contract is related to the consideration requirement. It also looks at means of circumventing the privity doctrine such as assignment, and exceptions to the privity doctrine such as agency principles as employed in The Eurymedon. The chapter then examines remedies available to the promisee which have the effect of enforcing any promise in favour of a third party beneficiary or enabling substantial damages to be recovered to cover the third party’s loss. Finally, the means by which contractual burdens may bind third parties are examined.

11. Privity of contract and third party rights

2019 ◽  
pp. 442-482
Author(s):  
Robert Merkin ◽  
Séverine Saintier
Keyword(s):  
Contract Law ◽  
Third Parties ◽  
Third Party ◽  
Legislative Reform ◽  
The Third ◽  
The Law ◽  
Privity Of Contract

Course-focused and comprehensive, the Textbook on series provides an accessible overview of the key areas on the law curriculum. According to the doctrine of privity of contract, only the parties to the contract are bound by, or can enforce the obligations under the contract. A person who is not a party to a contract does not have any rights under that contract and is not subject to any of its obligations (or burdens). This chapter considers the rules of contract law, and related rules, that are applicable to contracts which stipulate third party rights. It considers the relevant provisions of the Contracts (Rights of Third Parties) Act 1999, the scope of the legislative reform, the test for third party enforceability and how the doctrine of privity of contract is related to the consideration requirement. It also looks at means of circumventing the privity doctrine such as assignment, and exceptions to the privity doctrine such as agency principles as employed in The Eurymedon. The chapter then examines remedies available to the promisee which have the effect of enforcing any promise in favour of a third party beneficiary or enabling substantial damages to be recovered to cover the third party’s loss. Finally, the means by which contractual burdens may bind third parties are examined.

Agency

2016 ◽  
Author(s):  
Munday Roderick
Keyword(s):  
Case Law ◽  
Third Parties ◽  
Third Party ◽  
Practical Approach ◽  
Reference Guide ◽  
Detailed Explanation ◽  
Council Directive ◽  
Recent Developments ◽  
The Law

Questions of agency regularly arise in the work of commercial practitioners. This book provides a reference guide to the main principles of agency law, including detailed explanation of the Commercial Agents (Council Directive) Regulations of 1993. Analysis of case law is combined with a practical approach to the law which accurately reflects modern commercial realities, considering the application of agency principles according to particular classes of agents operating in the major commercial sectors. It includes discussion of the actual authority and apparent authority of an agent, agency of necessity, warranty of authority and ratification, looking at the legal relations between principal and both agent and third parties, as well as the relations between agent and third party, sub-agency, and termination of agency. This book emphasizes contemporary case law, and has been fully revised and updated in response to significant recent developments.

scholarly journals TANGGUNG JAWAB SEKUTU MAATSCHAP TERHADAP PIHAK KE 3 DALAM SUATU PERJANJIAN KONSORSIUM TERKAIT BUBARNYA MAATSCHAP ATAS KEHENDAK PARA SEKUTU (Kasus Perjanjian Konsorsium antara PT Agro Bintang Dharma Nusantara dengan Pemerintah Daerah Balikpapan, Bontang, K

FIAT JUSTISIA ◽  
2016 ◽  
Vol 9 (2) ◽  
Author(s):  
Julius Caesar Transon Simorangkir
Keyword(s):  
Human Life ◽  
Civil Code ◽  
Water Jet ◽  
Third Parties ◽  
Third Party ◽  
Economic Problems ◽  
East Kalimantan ◽  
Provision Of Services ◽  
The Will ◽  
The Law

The development of society in the field of economy requires laws to regulate economic problems. Scientific developments in the field of economy should be accompanied by regulations that govern them. Dynamic human life resulted in a pattern of life that compound so that the interests of each individual is different, if not set or laid out by the law, there will be cheating in any transaction or trade activity. In the case of procurement of ferry quickly conducted a consortium of several regions in Borneo as Balikpapan, Bontang, Paser, and east Kutai PT Argo Stars Darma Nusantara in terms of cooperation agreements number 021/ABDN-Dir/SPK/X/01 dated October 4th, 2001, for the provision of services fast boats "water jet ferry" Trans East Kalimantan. Based on the above cases occur inequality allies in terms of responsibility to third parties, due to the dissolution of the consortium agreement by the will of some allies. Section 1646, Book IV of the Civil Code to determine the various ways the end of an alliance, one of which is the fellowship ended due to the will of one or several parties. The termination agreement also automatically terminates the agreement made by the parties. However, responsibility for third party does not necessarily come to an end. Responsibility towards third parties stipulated in Article 1642-1645.Keywords: Responsibility Allies, to third parties, the Consortium Agreement

scholarly journals Third-Party Interest in Arbitration Dispute Settlement Process

2019 ◽  
Vol 9 (2) ◽  
pp. 5281-5286
Keyword(s):  
Dispute Settlement ◽  
Contract Law ◽  
Civil Code ◽  
Third Parties ◽  
Third Party ◽  
Arbitral Tribunal ◽  
The World ◽  
Disclosure Of Information ◽  
Potential Losses ◽  
Civil Dispute

The existence of a Third Party in the Civil Code, in general, is a party to be taken into account not to suffer harm to a civil dispute. However, things are different in Arbitration Law which is a special branch of the Civil Code. Moving from the principle of secrecy, there is a disclosure of information on disputes in the world of commerce, which is characterized by variants of Contract Law in the world of commerce so as to make the potential losses that arise for other parties against the same trade object . Arbitration Law in Indonesia has ignored the interests of interested third parties by relying on the entry of such parties on the basis of voluntary parties and the approval of the Arbitral Tribunal.

Anson's Law of Contract

2020 ◽  
Author(s):  
Jack Beatson FBA ◽  
Andrew Burrows FBA, QC (Hon) ◽  
John Cartwright
Keyword(s):  
Case Law ◽  
Contract Law ◽  
Third Parties ◽  
Contractual Obligation ◽  
Fourth Part ◽  
The Law ◽  
Book Covers ◽  
Unfair Terms ◽  
Academic Debate

Anson’s Law of Contract offers an accurate and authoritative account of the law and its underlying principles. This 31st edition continues to provide comprehensive and detailed coverage of all topics covered on modern contract law courses, and has been revised and updated to incorporate all notable developments in case law, legislation, and academic debate. Topics covered include, in the first part, the agreement, the formation of the contract, and promissory estoppel. The second part looks at the terms of the contract, exemption clauses, and unfair terms. Next the book looks at incapacity, mistake, misrepresentation and non-disclosure, duress, and illegality. The fourth part considers performance and discharge. The next part looks at damages and specific remedies. The sixth part of the book covers third parties, assignment and agency in terms of the limits of the contractual obligation.

scholarly journals Investigating Sanction of the Conditions in the Settlement Contract with Regard to Registration of Deeds and Real Estate

2017 ◽  
Author(s):  
Afsaneh Narimisa ◽  
Alireza Entezari
Keyword(s):  
Real Estate ◽  
Civil Code ◽  
Third Parties ◽  
The Other ◽  
Third Party ◽  
Legal Problem ◽  
The Third ◽  
General Rules ◽  
Settlement Agreement ◽  
The Law

Considering that Articles 47 and 48 of the Registration Law have stated that registration of the document of settlement contract is obligatory and its sanction is the non-acceptability of unofficial documents in courts and departments. However, it must be said that these articles do not declare the invalidity of normal documents absolutely, but the meaning of the non-acceptability of such documents is that they cannot be referred to in relation to third parties, while such documents are valid and authentic for the parties to the contract, and because of the fact that the document is a normal contract, the parties to the contract cannot refuse to fulfill their commitment and execute the contract by the excuse that such documents must have been registered in accordance with the law. Therefore, referring to ordinary settlement agreement, the grantee cannot claim the propriety of some property against persons other than grantor, but in the case of denial of the occurrence of a transaction between the parties to the settlement, the beneficiary can refer to the ordinary document of that transaction to prove the occurrence of the transaction between themself and the other person, and such a reference is reviewable by the court. In addition to that the grantor and grantee can refer to ordinary document and any provable evidence in their controversy and dispute about the settlement subject and prove the occurrence of settlement, the grantee can bring an action against the grantor and obligate them to arrange an official settlement document by proving the settlement and by invoking to Article 220 of the Civil Code, because according to the mentioned article, transactors are not only committed to what is stated in the contract, but are also committed to all the results of the contract in accordance with customs or law. However, if a dispute occurs between the grantee and a third party about the settlement subject and an action is brought, then if the grantee presents the ordinary settlement document to prove their ownership, the court according to the Registration Law will not consider that document effective, and the grantee may even be convicted against the third party. The settlement is not correct if its provisions arecontrary to the law, order and the general rules, and if the settlement document arranged in a notary office has a substantive, procedural or legal problem then the competent legal authorities such as the High Council of Registry investigate the issue and the provisions applicable will be issued.

scholarly journals Une étude des tenants et aboutissants des articles 271 et 272 de la Loi sur la protection du consommateur

2005 ◽  
Vol 26 (3) ◽  
pp. 763-786
Author(s):  
Claude-René Dumais
Keyword(s):  
Consumer Protection ◽  
Case Law ◽  
Civil Code ◽  
Third Party ◽  
Unjust Enrichment ◽  
Consumer Protection Act ◽  
The Law ◽  
Reduction Of Costs

The new Consumer's Protection Act came wholly into force on April 30, 1981 under the title of Chapter P 41.1 of the Q.R.S., replacing and clarifying the former Consumer's Protection Act enacted in 1974 as Chapter 74. The new Act goes so far as to change some century-old rules of the Civil Code, including the law of proof, all in favour of a better deal for the consumer. In almost every case of abuse or violation of any section of the Act, the consumer must simply prove that the merchant violated one or more of its sections in order that penalties of sections 271 and 272 apply. The types of applicable penalties depend on the offence : Did the businessman simply overlook what the Act considers a mere formality ? Then the contract is voidable where a defence of lack of interest lies. Did the businessman contravene what the Act considers a fundamental right of the consumer? The consumer has a choice of remedies : — execution of the obligation by a third party ; — reduction of costs ; — annulment or resolution of the contract, the whole with a possible demand of damages, real and exemplary. The article explains the differences between form and substance as accepted by statute or case law, and the solutions applied. The correlation with other parts of the Civil Code, untouched by the Consumer Protection Act, is also studied, both in matters of proof, intent, and possible unjust enrichment of the consumer.

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