The contracts for the benefit of a third parties in the roman law Cover Image
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ДОГОВАРЯНЕТО В ПОЛЗА НА ТРЕТИ ЛИЦА В РИМСКОТО ПРАВО
The contracts for the benefit of a third parties in the roman law

Author(s): Petar Topurov
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Институт за държавата и правото - Българска академия на науките
Keywords: Contract; third party benefits; contract in favour of a third parties; roman law

Summary/Abstract: The article examines the problems of the contracting for the benefit of third parties in Roman law. In this context, the principles of 'alteri stipulari nemo potest' and 'per extraneam personam nihil adquiri posse' are analyzed. The article concludes that the contracts for the benefit of third parties weren’t absolutely prohibited in Roman contract law and there is evolution in the views of Roman lawyers from different eras. The article examines the cases from roman law in which the third party acquires rights as a result of a contract between other persons. The article indicates specific cases when the third party has a claim against the promisor, whose legal situation is closer to the modern understanding of the contract in favor of a third party.