Legal status of the beneficiary in the contract for the benefit of third party - critical remarks on the Theory of arising of direct rights Cover Image
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Правно положение на бенефициера при договора в полза на трето лице - критични бележки върху теорията за прякото възникване на права
Legal status of the beneficiary in the contract for the benefit of third party - critical remarks on the Theory of arising of direct rights

Author(s): Petar Topurov
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Институт за държавата и правото - Българска академия на науките
Keywords: Contractual relation; contract for the benefit of third party; subjective right; revoke of arrangements; denial of rights; legal expectation

Summary/Abstract: The report analyzes the arguments in support of the Theory of arising of direct rights in the contract for the benefit of third party. The problems that may arise with the theory are related to the moment of the acquisition of the rights under the treaty, the right to revoke the arrangement, and also the re-transfer of the right by the promisee. The report also indicates other possible explanations of the beneficiary's legal status - as legal expectation, but also the need for legislative changes to the existing regime.