Theoretical and Practical Aspects Regarding Third Parties in the Light of Contracts’ Effects Relativity Principle

Economica ◽  
2021 ◽  
Author(s):  
Ludmila Beliban-Rațoi ◽  
Keyword(s):  
Third Parties ◽  
Third Party ◽  
International Economy ◽  
Relativity Principle ◽  
Republic Of Moldova ◽  
The Third ◽  
The Subject ◽  
The Republic ◽  
Contracting Process ◽  
Practical Dimension

The contract is the subject of civil law that creates the basic entity of the national and international economy, and the contracting process is the most important stage in economic affairs in general. Naturally producing effects between the parties, we can say that vis-à-vis the parties, the contract is binding, or, in other words, the signatory parties must comply with the provisions of the contract. On the other hand, compared to third parties, the effects of the contract being only an exception, we can say that the production of the effects towards them is relative. This study represents an exemplary synthesis of the theoretical and practical dimension of the issue of the third party notion in the light of the new regulations of the Civil Code, norms that created new ways of economic development of the Republic of Moldova.

scholarly journals Legal-Juridical Analysis of the Basis and Impact of Harmful Contracts on the Relations of the Sides and the Third Parties under the Act 2014 of the Way of Implementing Financial Sentences

2017 ◽  
Vol 10 (2) ◽  
pp. 188
Author(s):  
Mahboobeh Mina ◽  
Mehdi Sokhanvar ◽  
Davood Jahanbazi ◽  
Seyyed Hoseyn Hoseyni Rechi
Keyword(s):  
Present Article ◽  
Third Parties ◽  
Third Party ◽  
Relativity Principle ◽  
Community Members ◽  
Relative Lack ◽  
The Third ◽  
The Subject ◽  
The Way

Given the relativity principle of contracts their impacts in proportion to third parties are an exceptional issue. In a possible assumption there is a possibility of harm and damage to a third party because of the contract between two people. In our juridical texts, some religious experts have sporadically in a topic of jurisprudence stated the instances of these contracts and have considered two theories of validity and invalidity about them. On the basis of this assumption, although the law of the way of implementing financial sentences considered hanged in 2014 but its 21st article with a bit of expansion has considered the former result. Therefore concerning these contracts by considering the valuable rule of the principle of no harm, we can accept the theory of relative lack of influence. Given the importance and role of the contracts in the life of community members and the lack of determining the influence of such contracts in legal and juridical texts the analysis of these impacts seems to be necessary. In the present article by analyzing the subject in legal and juridical texts of Iran the influence of these contracts in the relation between the parties and in proportion to third party is analyzed.

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.

11. Privity of contract and third party rights

2019 ◽  
pp. 519-570
Author(s):  
Robert Merkin ◽  
Séverine Saintier
Keyword(s):  
Common Law ◽  
Case Law ◽  
Third Parties ◽  
Third Party ◽  
The Third ◽  
The Subject ◽  
The Common ◽  
Contractual Obligations ◽  
Privity Of Contract ◽  
Selection Of

The Casebook series 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.

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.

Contracts for the Benefit of Third Parties Under the Taiwan Civil Code

2018 ◽  
Author(s):  
Sheng-Lin JAN
Keyword(s):  
Civil Code ◽  
Third Parties ◽  
Third Party ◽  
The Third ◽  
Legal Relationship ◽  
The Third Party ◽  
Privity Of Contract

This chapter discusses the position of third party beneficiaries in Taiwan law where the principle of privity of contract is well established. Article 269 of the Taiwan Civil Code confers a right on the third party to sue for performance as long as the parties have at least impliedly agreed. This should be distinguished from a ‘spurious contract’ for the benefit of third parties where there is no agreement to permit the third party to claim. Both the aggrieved party and the third party beneficiary can sue on the contract, but only for its own loss. The debtor can only set off on a counterclaim arising from its legal relationship with the third party. Where the third party coerces the debtor into the contract, the contract can be avoided, but where the third party induces the debtor to contract with the creditor by misrepresentation, the debtor can only avoid the contract if the creditor knows or ought to have known of the misrepresentation.

scholarly journals Ethnic peculiarities of fairy tale folklore of the bulgarians from Moldova as an element of traditional culture in a regional manifestation

2021 ◽  
Author(s):  
Nadejda Cara ◽  
Keyword(s):  
Fairy Tales ◽  
Interdisciplinary Research ◽  
Fairy Tale ◽  
Traditional Culture ◽  
Structural Features ◽  
Ethnic Culture ◽  
Republic Of Moldova ◽  
The Subject ◽  
The Republic ◽  
Different Levels

The article presents some research approaches to the fairy-tale folklore of Bulgarians from the Republic of Moldova. According to the author, the fairy-tales texts of Bulgarians from the Republic of Moldova, their semantic, symbolic, and structural features should be researched as a local (regional) variant of Bulgarian folklore. Identification of ethnocultural markers in the fairy-tales of local Bulgarians on some different levels (such as on the subject, ethno-social and spiritual (church-religious) level) will allow to identify some peculiarities in the adaptation process of Bulgarians that migrated to a new ethnocultural zone, as well as to identify the level of preservation of basic ethnic mentality under the conditions of new “mental environment”. Thus, the study of regional ethnic culture is an interdisciplinary research, which allows discovering how localization in time and space affects ethnic culture, in general, and oral folk art, in particular.

scholarly journals TANGGUNGJAWAB BLU TRANSJAKARTA TERHADAP PIHAK KETIGA DALAM HAL TERJADI KECELAKAAN MENURUT UU NO. 22 TAHUN 2009 TENTANG LALU LINTAS DAN ANGKUTAN JALAN

2014 ◽  
Vol 14 (3) ◽  
Author(s):  
Elfrida R Gultom
Keyword(s):  
Public Service ◽  
Public Transport ◽  
Third Parties ◽  
Third Party ◽  
Service Agency ◽  
Transportation Services ◽  
The Public ◽  
The Third ◽  
The Third Party ◽  
Ticket Prices

The objective of Busway development is to provide transportation services faster, safer, comfortable, and affordable for people in Jakarta. Ticket prices are subsidized by the local government busway. Busway given special line, however could not be separated from the accident. In a carriage, in the event of an accident then apply provisions of Law No. 22 of 2009 on Traffic and Transportation. If there is a loss that hit the third party then setting responsibilities Public Service Agency TransJakarta Busway to third parties refer to the provisions of Article 194 paragraph (1) which determines that the public transport companies are not responsible for any losses suffered by third parties, unless the third party may prove that the loss is caused by the fault of public transport company. Under these provisions, if the third party wants to sue for damages, ketigalah party must prove the fault of the carrier, the claim is based on the basis of tort or on the basis of error set forth in Article 1365 of the Civil Code which stipulates that any action unlawfully harming others, require the person who carries the loss offset. Keywords: transport, the responsibility of the carrier, a third party, transport law

scholarly journals EU’s Resilience in the Eastern Partnership Region vs Russia’s Hybrid Aggression

2021 ◽  
pp. 78-86
Author(s):  
Oleh Kozachuk ◽  
Grigore Vasilescu
Keyword(s):  
Russian Federation ◽  
Academic Research ◽  
Third Party ◽  
Eastern Partnership ◽  
Republic Of Moldova ◽  
Eastern Partnership Countries ◽  
The Russian Federation ◽  
The Republic ◽  
Sphere Of Influence ◽  
The Eu

The article examines the issues of counteracting the hybrid aggression of the Russian Federation in the countries of the Eastern Partnership. It is stated that European Union has been implementing the Eastern Partnership policy for more than ten years. This implementation has been a resounding success for all, without exception, the six target states. Ukraine, the Republic of Moldova and Georgia have advanced much more in their European aspirations. However, this does not stop the Russian Federation from further positioning all the states that were once part of the USSR as a sphere of its ultimate influence. Russia is also producing rivalry with the EU for influencing all, without exception, the Eastern Partnership states and even the EU. An overview of academic research analyzing the resilience of the EU in the face of Russia in the context of its impact on the Eastern Partnership countries is set out in this article. Some approaches have been used to define the EU as a “normative power” and Russia’s controversial policy towards neighbouring countries. The examination of the works described in the article concludes that the Russian Federation continues to regard neighbouring states as its sphere of influence, particularly Ukraine, Moldova, and Georgia. Moscow considers any attempt by a third party to interfere as an intrusion on its unique field of power. As can be observed from the investigated sources, Russia’s activities are scarcely diplomatic or focused on global democratic norms. In its Eastern Partnership strategy, the EU, on the other hand, utilizes values as a guideline. Simultaneously, Ukraine, the Republic of Moldova, and Georgia must demand immediate modifications to the Eastern Partnership policy. The potential of EU membership, in particular, must be appropriately explained by Brussels.

UPOREDNI PRIKAZ HRVATSKOG I SLOVENAČKOG PRAVA GRAĐENjA

Glasnik prava ◽  
2021 ◽  
Vol 12 (1) ◽  
pp. 35-51
Author(s):  
Edina Kočan
Keyword(s):  
Property Rights ◽  
Legal Systems ◽  
Legal Analysis ◽  
The Third ◽  
Conceptual Definition ◽  
The Subject ◽  
The Republic ◽  
Construction Law ◽  
Definition Of ◽  
The Right

The author presents a comparative legal analysis of the segments of construction law in Croatian and Slovenian law, with the aim of pointing out the differences that exist between them. Considering that this is a relatively new legal institute, which was somewhat earlier standardized in Slovenian law in relation to Croatian law, in the introductory exposition, a brief review was made of the occurrence of the construction law and the reasons for earlier non-regulation. The second part of the paper is dedicated to the stipulations of Act on ownership and Property Code of the Republic of Slovenia. This part refers to the conceptual definition of the construction law, in order to classify it in a certain broader unit, to which it belongs - genus proximum - searching for the closest relative, emphasizing the important characteristics that make it specific in relation to other property rights. In the third part of the paper, the author analyses the stipulations related to the subject of building rights, with reference to the dilemmas that exist in that sense, both in Croatian and Slovenian jurisprudence, as well as in the legal science of some other countries. The fourth part of the paper is dedicated to the stipulations that regulate the acquisition and duration of construction rights. Considering that derivative acquisition, among other things, characterizes the existence of bases and ways of acquisition, first possible bases of acquisition are presented, and then entry in appropriate public books as a way of acquiring this right and its duration. The concluding part of the paper summarizes the results of the analysis and evaluates the considered legal solutions, with the presentation of reasoned objections to the existing regulations, all with the aim of eventual amendment of the right to build in the legal systems in question.

31. Remedies against strangers to the trust

2018 ◽  
Author(s):  
Robert Pearce ◽  
Warren Barr
Keyword(s):  
Third Parties ◽  
Third Party ◽  
The Third ◽  
Trust Property ◽  
The Third Party ◽  
The Stranger

This chapter considers remedies involving a breach of trust which involves a third party who was not a trustee either as a participant in the breach or as the recipient of trust property transferred to them in breach of trust. In the event of such a breach, the beneficiaries of the trust may be entitled to pursue remedies against the stranger. The third party is termed a ‘stranger to the trust’ because he or she was not a trustee and, therefore, was not subject to any obligations prior to his or her involvement in the breach. Remedies against third parties may prove more attractive to the beneficiaries than their remedies against the trustee in breach. The availability of remedies against a stranger to the trust will be especially important if the trustee is insolvent, thus rendering direct remedies against the trustee ineffective.

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