Contract for the benefit of a third party: doctrinal issues

• Main Author: Aleksey Y. Churilov
• Format: Article
• Language: English
• Published: Tatar Educational Center "TAGLIMAT" Ltd. 2016-12-01
• Series: Aktualʹnye Problemy Èkonomiki i Prava
• Subjects: Civil law
• Online Access: http://apel.ieml.ru/storage/archive_articles/9448.pdf
• ISSN: 1993-047X; 2410-0390

Objective to research certain doctrinal issues of a thirdparty treaty in particular the moment when the right of claim of the third party arises and to classify the thirdparty treaties. Methods comparativelegal historicallegal formallogical analysis and synthesis. Results historicallegal analysis has been made of the thirdparty treaties conclusions are made on the essence of the thirdpartyrsquos chose in action by treaties concluded in their favor. Classification of the thirdparty treaties is proposed basing on the criteria of creditorrsquos substitution after the thirdpartyrsquos claim. The possibility is grounded to impose the duties on the third party immediately after they express the desire to exercise their right by the treaty. The thirdparty treaty is distinguished from a treaty with changing parties. Scientific novelty in comparativelegal aspect the statement is proved that at the moment of signing of a thirdparty contract the latter exercises only the secondary right and the chose in action after its implementation. For the first time the classification of the thirdparty contracts is made by the criterion of the thirdparty substituting the creditor. nbsp Practical significance the obtained results can be used in the lawmaking process lawenforcement and scientifictheoretical activity.