Stipulaţia pentru altul
Stipulation for another

Summary/Abstract: The present research aims to analyse the stipulation for another in contracts in the Romanian legislative context. In the old Romanian Civil Code there was no text referring, as a principle, to stipulation for another. Hence the conclusion that the issue of the validity of the stipulation for another in our civil law was intentionally left to be resolved according to general principles and in accordance with practical needs and interests. The result has been that doctrine and judicial practice have unanimously accepted the validity of the stipulation for another. The main argument in support of this view was that stipulation for another was not to be considered contrary to public policy and morality. Also, the principle of the relativity of the effects of the contract was to be understood in the sense that no one can become a debtor by a contract concluded without his consent. On the other hand, the parties could derogate from this principle when they decided by their common will to procure a benefit in favour of a third person. Today, the new rules on stipulation in the Civil Code leave no doubt that this legal mechanism is recognised in our positive law.

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