By Jan J Hallebeek, Harry Dondorp

Via contemporary variations of Dutch (1992) and English (1999) deepest legislation, contracts for a third-party beneficiary are in Western Europe these days thought of to be potent and enforceable. this idea is, besides the fact that, incompatible with either the civilian culture at the continent and the normal parties-only-rule of English universal legislations. the aim of this learn is to teach the best way the matter of the third-party beneficiary was once handled in the course of the quite a few classes of western felony inspiration and to debate the topic from the point of view of present-day comparative law.This ebook isn't just of curiosity for felony historians, but in addition for all who're engaged in present-day inner most legislation: students, practitioners and complicated scholars. members comprise, Dabid Ibbetson, Regius Professor of Civil legislation on the collage of Cambridge and Hendrik Verhagen, Professor of personal overseas legislation, Comparative legislations and Civil legislation on the Radboud college Nymegen, legal professional on the company Clifford likelihood Amsterdam, and deputy justice on the court docket of Appeal's Hertogenbosch.

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Extra resources for Contracts for a Third-Party Beneficiary: A Historical and Comparative Account (Legal History Library)

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D. 8). Ratio est quia pecunia habet suum esse in genere. The latter he explained again by referring to D. 4. 13 It seems as if the author of the Animal considers the one present, to whom the promise was made, to be the Pope, but here the Pope does not function as a kind of intermediary. He is not an agent who accepts the promise on behalf of St Peter, neither is he a mere messenger. According to the Animal, he is a magistrate, and the promise to an absent beneficiary made in the magistrate’s presence, is binding.

See Simon Groenewegen De legibus abrogatis, ad Inst. 19 no. 3 (ed. et transl. Beinart, Johannesburg 1974, p. 76). 64 medieval legal scholarship 43 potest of so much of its practical significance that the rule rather would have been regarded as abrogated. Within the boundaries of the Corpus iuris and whilst observing the maxim alteri stipulari nemo potest, medieval doctrine gradually reached the desired goal, viz. that parties can validly agree that something be given to a third party, even if the stipulator had no interest.

De equitate canonica uidetur quod querat ut in c. Quoties cordis oculus i. q. 9) et quod ibi not. Quod credo ut agi possit via denuntiationis euangelice sed non ordinario iure, ut dicto c. Quamquam in 6 (VI. 2). 19 St. 15–17. 28 chapter two The later canonists agreed with Antonius de Butrio that Canon law deviated from Roman law in providing an alternative remedy. One could apparently acquire ‘rights’ through an extraneous person without assignment when the stipulator did not acquire an enforceabele right himself because he had no monetary interest in the performance.

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