The Development of Third Party Beneficiary Contract in Continental Europe
Date Issued
2015
Date
2015
Author(s)
Tsai, Cheng-Yu
Abstract
With regard to the contractual rights of third parties, major legal systems in the world all acknowledge the ''Third Party Beneficiary Contract'', and Taiwan is no exception. On the one hand, Taiwanese civil code Article 269 provides that the third party could derive contractual rights from the contract which he did not actually enter into, the uncoditional rights to revoke or modify the contract for the parties, and the right for third parties to reject the advantages of the contract. On the other hand, Article 270 prescribes the defences which promisor in entitled to raise against third party beneficiary. However, scholars in Taiwan generally consider these two articles are insufficient to deal with the issues concerning the contractual rights of third parrties. Therefore it has to be complemented by the scholarship and legal practice. As a consequence, this paper is aimed to clarify the actual contour and illustrate the development context of third party beneficiary contract. To achieve this goal, this paper will discuss the devolopment of third party beneficiary contract from historical account. And in view of Taiwan being part of the Civil-Law system community, this paper choose Continental European law to be the main object when dealing with the issue. To begin with, this paper reaches back to the roman law for the origin of third party rights and then explores its developing course for nearly two thosand years in Continental Europe. Finally, this paper ends with the provisions of German and French civil code, both of which acknowledge the third party beneficiary contract of modern significance. This paper is composed of six chapters. Chaper 1 contains the introduction of the issues and motives as well as methods for the research. Chaper 2 deals with the roman law doctrines for third party rights under contracts, especially the famous legal maxims from Corpus Juris Civilis, that is ''alteri stipulari nemo potest'' and ''per extraneam personam nihil adquiri posse''. Chapter 3 is mainly focued on the medieval scholarship which consists of canon law, medieval roman law, and ''ius propria'' of northern Italy and Castile in Spain. Chapter 4 illustrates the general approach in the 16th and 17th century, mainly the attitudes of natural law and ''ius hodiernum'' in Netherlands such as ''Roman-Dutch Law'',''Roman-Utrecht Law'',and ''Roman-Frisian Law''. Chpter 5 puts emphasis on the influence of the codification of civil law in europe, including German and French civil code. Both of them confer the contractual rights for third parties, though in slightly different ways. Chapter 6 gives overview of the devolopment of third party beneficiary contract in continental europethe at first and then sets forth the conclusion of this paper.
Subjects
third party beneficiary contracts
contracts in favor of third parties
stipulatio alteri
roman law
privity of contracts
third parties rights
ius quaesitum tertio
agency
alteri stipulari nemo potest
per extraneam personam nihil adquiri posse
Type
thesis
File(s)![Thumbnail Image]()
Loading...
Name
ntu-104-R00A21051-1.pdf
Size
23.32 KB
Format
Adobe PDF
Checksum
(MD5):8b6e6cd92eb2d1fefb409144297e251c