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The Nineteenth Century

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Chapter Summary

This chapter examines the concept of the stipulatio alteri as it was interpreted by the French and German writers in the first half of the nineteenth century. By doing so, it shows that in Germanic legal practice the stipulator was supposed to have ceded his claim to the third beneficiary unless the stipulation was made out of mere generosity towards the third party. Subsequently, the chapter pays attention to the exceptional cases in which third-party contract rights were acknowledged in France and Germany and the doctrinal explanations thereof - given before the modern concept of the contract in favour of a third party (third-party benefit contract) was developed. Finally, the chapter describes the transformation in the concept of the contract in favour of a third party, viz. from a contract which obliged to a performance to a third beneficiary into a contract that results in a third-party right.

Keywords: France; Germanic legal practice; nineteenth century; stipulatio alteri; third beneficiary; third-party contract rights

10.1163/ej.9789004169746.1-179.30
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