Third Party Rights in Contract: A Case Study in Codifying and Not Codifying

17 Pages Posted: 5 Aug 2011

Date Written: August 5, 2011

Abstract

A comparative and historical study of the problems and pitfalls of codification with special reference to China and Scotland and the law of third party rights in contract. The paper argues for the inclusion of a provision on this subject in the Chinese Contract Law and for a statutory modernisation to rescue Scots law from the position of being, as one critic has put it, stuck in the seventeenth century.

Keywords: Contract law, third party rights, Chinese law, Scots law, comparative law, legal history

Suggested Citation

MacQueen, Hector Lewis, Third Party Rights in Contract: A Case Study in Codifying and Not Codifying (August 5, 2011). U. of Edinburgh School of Law Working Paper No. 2011/18, Available at SSRN: https://ssrn.com/abstract=1905546 or http://dx.doi.org/10.2139/ssrn.1905546

Hector Lewis MacQueen (Contact Author)

University of Edinburgh - School of Law ( email )

Edinburgh EH8 9YL
United Kingdom
+44 131-650-2060 (Phone)
+44 131-662-4902 (Fax)

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