Exemption Clauses in Contracts and Third Parties  Cover Image
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Освобождаващи от отговорност клаузи в договорите и трети лица
Exemption Clauses in Contracts and Third Parties

Author(s): Krassimir Mitev
Subject(s): Law, Constitution, Jurisprudence
Published by: Институт за държавата и правото - Българска академия на науките

Summary/Abstract: The subject of the article is the effect of the contractual exemption clause on third parties. Third parties are individuals or legal entities which both personally nor through an agent have participated in the formation of a contract and consequently have not become parties to it. Hypothetically exemption clauses may affect third parties in two types of cases. Firstly, third parties may benefit from the exemption clause. In those cases the creditor should be able to claim damages not only from the other contractual party but also from certain third parties. Then the exemption clause will govern their right to claim damages not only with regard to their contractual partner but also with regard to these third parties. Secondly, exemption clauses may be valid for persons, who are not parties to the contract. This situation requires the theoretical possibility that breach of contract can be a ground for damages not only for the parties to a contract but for certain third parties, as well. Then the exemption clause will govern the claims for compensation belonging to these third parties. As regards the first situation, the author concludes that this may be the case when parties had an intention to benefit third party. Concerning the second type of cases, the conclusion is that in general exemption clauses cannot affect third parties, except when their rights derive from the contract at issue.

  • Issue Year: XLVI/2005
  • Issue No: 4
  • Page Range: 18-35
  • Page Count: 18
  • Language: Bulgarian