Cookies Policy

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

Contemporary Law

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this chapter

+ Tax (if applicable)

Chapter Summary

This chapter focuses on the comparative analysis of the contract in favour of a third party in three jurisdictions: France, Germany and the Netherlands. French and German law have been selected because they are the parent systems of the two major legal families of the civil law tradition. Regular references are also made to the treatment of third-party rights in the 'mixed jurisdictions'. These are jurisdictions, such as South Africa, Scotland, Louisiana and Québec, which combine features of both civil law and common law jurisdictions. The characterization of the third party's assent as the acceptance of an offer is generally rejected in contemporary literature. It is held to be more logical that, as an exception to the principle of relativity of contracts, the contract between stipulator and promissor directly has effect for the third party, independently from any acceptance on his part.

Keywords: civil law tradition; common law jurisdiction; contemporary literature; contract; France; Germany; Netherlands; promissor; stipulator; third-party rights



Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
    Contracts For a Third-Party Beneficiary — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation