Положението на бенефициера при договора в полза на трето лице. Развитие на доктрината и практиката
Beneficiary’s Status under a Contract in Favour of a Third Party. Development of Doctrine and Practice

Summary/Abstract: The article deals with some of the main issues of court practice and legal doctrine posed by the legal status of a beneficiary under a contract in favour of a third party. An attempt is made at solving a controversial question of modern court practice, namely, the possibility of acquisition of rights in rem through a contract in favour of a third party, and clarifying the mechanism of occurrence of the property transfer effect of an agreement in which the third party has not participated. The subject matter of the study also includes the issues arising from the stipulator’s revocation of the stipulation in favour of a third party, from the viewpoints of both substantive and procedural law. It is explored whether the stipulator has a claim for specific performance and whether he can seek sentencing the promisor to performance in favour of the third party. The arguments are built on the basis of a critical review of the practice of the Supreme Court of Cassation on the contract in favour of a third party, including the insurance contract containing such a clause.

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