Contracts for the benefit of a third party: the problem of classification

Yury Fogelson ()
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Yury Fogelson: National Research University Higher School of Economics

HSE Working papers from National Research University Higher School of Economics

Abstract: On the basis of analyzing disputes connected with the classification of contracts for the benefit of third parties, history, and development of this construct in Russian law and analyzing its use in foreign legal systems, this work shows that the formal approach, applied in Russia with regard to contracts for the benefit of third parties, considerably belittles the sphere of application of the construct. Another approach, based on conferring material benefit upon a third party, is developed. It is also shown that the former approach allows us to resolve a number of problems that arise when applying of the analysed contractual construct

Keywords: contract law; contract for the benefit of a third party; privity of contract; classifying characteristics of contract (search for similar items in EconPapers)
JEL-codes: K12 (search for similar items in EconPapers)
Pages: 25 pages
Date: 2013
New Economics Papers: this item is included in nep-cis, nep-law and nep-tra
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Published in WP BRP Series: Law/ LAW, November 2013, pages 1-25

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Persistent link: https://EconPapers.repec.org/RePEc:hig:wpaper:23/law/2013

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