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question English réponse English
Generally, a contract operates to confer rights and impose duties only
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on the parties to the contract and no other parties. Third party have no rights, so they cannot enforce contractual provisions. [privity of contract]
third party beneficiary contract
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is one which intends for someone who is not a party to that contract to benefit from the contract.
„privity of contract” refers
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to the relationship which exists between the immediate parties to a contract.
exceptions of „privity of contract”
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1) when the original contract provides for rights to be conferred on a third party 2) when contractual rights and duties are transferred to a third party at a later date
to confer rights
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przyznanie praw
to impose duties
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nakładanie obowiazków
third party beneficiary contracts
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party A enters into a valid contract with party B which stipulates that party B shall render performance for the benefit of party C
be vested in
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przysługuje
intended beneficiary
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1) third party is identified in the contract, 2) the performance is made directly to the third party 3) the third party has some rights 4) there is some relationship between the promisee and the third party [thus entitled to enforce the contract]
incidental beneficiary
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opposite to the intended beneficiary
if in the original contract the transferring party (A) is owed a right by the non transferring party (B)
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the (A) is obligee and the (B) is the obligor
When it is not specified whether rights or duties are being transferred
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the assignor is who attempts to transfer his rights/duties under the contract to a third party (assignee).
If a right is being transferred
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, C (delegate) becomes the obligee in place of A (delegator)
to delegate
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transfer of duties
novation
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novation Anglais
When the obligor discharge his duties, and the obligee must first release him from his obligations. When the obligor’s position is taken on by a new party.

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