Stipulația pentru altul – raporturi juridice existente
STIPULATION FOR ANOTHER – EXISTING JURIDICAL RELATIONS

Summary/Abstract: Influenced by the previous regulation, the exceptions from the relativity principle were divided by the specialty literature into apparent exceptions and real exceptions; however, there is no unitary point of view regarding the inclusion of certain situations into the category of real exceptions or apparent exceptions.Not only does the New Civil Code generally regulate the stipulation for another, but, after providing that “by the effect of stipulation, the beneficiary acquires the right to directly ask the promisor to perform” (art. 1284 align. 2 C.civ), it also orders that, “if the third-party beneficiary does not accept the stipulation, his right is considered not to have ever existed” (art. 1286 align. 1 Civil Code), which means that the emergence of the civil subjective direct and definitive right in the patrimony of the third-party beneficiary is conditioned by the acceptance of this right by the third-party beneficiary, while the failure to accept the stipulation has the feature of a resolutive condition.

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