CONTRACT FOR THE BENEFIT OF A THIRD PARTY: DOCTRINAL ISSUES

Abstract

Objective: to research certain doctrinal issues of a third-party treaty, in particular, the moment when the right of claim of the third party arises, and to classify the third-party treaties.Methods: comparative-legal, historical-legal, formal-logical, analysis and synthesis.Results: historical-legal analysis has been made of the third-party treaties; conclusions are made on the essence of the third-party’s chose in action by treaties concluded in their favor. Classification of the third-party treaties is proposed, basing on the criteria of creditor’s substitution after the third-party’s 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 third-party treaty is distinguished from a treaty with changing parties.Scientific novelty: in comparative-legal aspect, the statement is proved that at the moment of signing of a third-party contract, the latter exercises only the secondary right, and the chose in action after its implementation. For the first time the classification of the third-party contracts is made by the criterion of the third-party substituting the creditor.Practical significance: the obtained results can be used in the law-making process, law-enforcement and scientific-theoretical activity.

Keywords

• civil law
• third-party treaty
• chose in action
• secondary rights