Облигаторното действие на договора и противопоставимостта му на трети лица
The binding effect of the contract and its opposability to third parties

Author(s): Tanya Yosifova
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Пловдивски университет »Паисий Хилендарски«
Keywords: contract; binding effect; third parties
Summary/Abstract: Very often in modern legal reality, third parties are directly or indirectly affected by the binding effect of the contract. For example, in the case of assignment of a claim, transfer of a commercial enterprise, subrogation, cancellation claim, claim under Art. 134 of Obligations and Contracts Act, direct claim of the lessor against the subtenant, etc. The hypotheses are many and diverse. They affect third parties differently with different types of legal consequences in relation to them. The questions arise: can the contract create rights and obligations for third parties, and what are the relationships of the third parties to the parties to the contract. The starting point from which the analysis of the individual hypotheses should begin is the internal effect of the contract.

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