Izvorni znanstveni članak
The contract in favor of third parties
Antun Bilić
; Pravni fakultet Sveučilišta u Zagrebu, Zagreb, Hrvatska
Sažetak
The subject of this paper is the contract in favor of third parties as a part of the law of obligations. After presentation of general characteristics, more specific features of that contract are considered, namely the acquisition and revocation of a right by a third party. When considering the acquisition of a right, the main question is the relationship between the intent and the interest of the parties (the subjective and the objective criteria), as well as the content of their expressed intent. Every legal system faces two contrary demands – on one hand to relax the prerequisites for acquisition of rights by a third party in order to meet the needs of developing legal transactions, and on the other, to limit the number of potential claims which would lead to the insecurity as to the number and identity of the beneficiaries. Today most legal systems, including the Croatian law, require only the existence of the subjective criterion of parties’ intent. However, they require that intent is expressed in a way which clearly demonstrates the third person is to acquire an independent claim from the contract. Concerning the revocation of a right, this paper pays attention especially to the conditions and the authorization to such revocation. In Croatian legal system the promisee is authorized to revoke the contract, but only up to the moment in which the third person declares acceptance of the conferred benefit. This paper uses the comparative method and compares the solutions reached by the Croatian law with those of other legal systems. Theoretical considerations are followed by the analysis of the scope of the contract in favor of third parties as it is found in the judicial practice. Besides presenting the typical situations in which such contracts are found in the present day Croatian law, this paper considers the possibility of introducing the contracts with the protective effects towards the third parties modeled on the solutions of the German law. In the end, the conclusions are drawn and the peculiarities of the contract in favor of third parties are distinguished.
Ključne riječi
acquisition of a right by the third party; acceptance of a right; revocation of a right; contract with the protective effects towards the third parties
Hrčak ID:
75511
URI
Datum izdavanja:
20.12.2011.
Posjeta: 8.499 *