8. Stipulation for another. Change by the third party beneficiary of the obligation undertaken by the promissor. Action for claims filed by the stipulator. Inadmissibility Cover Image
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8. Stipulaţia pentru altul. Modificarea de către terţul beneficiar a obligaţiei asumate de promitent. Acţiune în pretenţii formulată de stipulant. Inadmisibilitate
8. Stipulation for another. Change by the third party beneficiary of the obligation undertaken by the promissor. Action for claims filed by the stipulator. Inadmissibility

Author(s): Oana Stan
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: stipulation for another; third‑party beneficiary rights; modification of promisor’s obligation; inapplicability of penal clause;

Summary/Abstract: If the third party beneficiary in a stipulation for another, which is concluded in the form of an investment agreement, accepts the stipulation by exercising the right arising under it by changing the obligation undertaken by thae promissor, the stipulator may not invoke the penal clause for non-performance of the obligation, since the change agreed by the beneficiary did not require the consent of the stipulator, in whose possession this right has never existed with any title.

  • Issue Year: 2014
  • Issue No: 04
  • Page Range: 54-58
  • Page Count: 5
  • Language: Romanian
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