By Jan J Hallebeek, Harry Dondorp
Via fresh adjustments of Dutch (1992) and English (1999) deepest legislations, contracts for a third-party beneficiary are in Western Europe these days thought of to be potent and enforceable. this idea is, even if, incompatible with either the civilian culture at the continent and the conventional 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 numerous sessions of western felony proposal and to debate the topic from the viewpoint of present-day comparative law.This e-book is not just of curiosity for criminal historians, but additionally for all who're engaged in present-day inner most legislations: students, practitioners and complex scholars. participants contain, Dabid Ibbetson, Regius Professor of Civil legislation on the college of Cambridge and Hendrik Verhagen, Professor of non-public overseas legislations, Comparative legislations and Civil legislations on the Radboud college Nymegen, lawyer on the enterprise Clifford likelihood Amsterdam, and deputy justice on the courtroom of Appeal's Hertogenbosch.
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Additional resources for Contracts for a Third-Party Beneficiary: A Historical and Comparative Account (Legal History Library)
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.
Huguccio’s further explanation does not elucidate his view. 12: (. ) ita quoque in uerbis nostris nullum debet esse mendacium (. 5 (testis fidelis non mentietur). 5 Literature: Spies, Roussier, and Helmholz. 9 (. ) atque promitto tibi N. et per te Sancto Petro, apostolorum principi, atque eius uicario N. beatissimo uel successoribus eius, me numquam (. ). 7 Again, the mandatary may be an agent acting under his principal’s mandate,8 but also just a messenger. In general terms Huguccio considered it possible to be bound through an intermediary whose exact position towards the promisor and towards the third party remains unclear.
However, the exact meaning of per alium is not clear, at least if we want to know which legal institution Huguccio had in mind. Is alius a stipulator alteri? Is alius the agent of the other? Or is he a mere messenger (nuntius) who only serves to transfer the promisor’s intention to the other, so that consent can be established between the promisor and the absentee? Huguccio’s further explanation does not elucidate his view. 12: (. ) ita quoque in uerbis nostris nullum debet esse mendacium (. 5 (testis fidelis non mentietur).