Contracts for the Benefit of a Third Party: The Problem of Classification

25 Pages Posted: 3 Aug 2013

See all articles by Yury Fogelson

Yury Fogelson

National Research University Higher School of Economics

Date Written: August 1, 2013

Abstract

On the basis of analyzing disputes connected with the classification of contracts for the benefit of third parties, history, and development of this construct in Russian law and analyzing its use in foreign legal systems, this work shows that the formal approach, applied in Russia with regard to contracts for the benefit of third parties, considerably belittles the sphere of application of the construct. Another approach, based on conferring material benefit upon a third party, is developed. It is also shown that the former approach allows us to resolve a number of problems that arise when applying of the analysed contractual construct.

Keywords: contract law, contract for the benefit of a third party, privity of contract, classifying characteristics of contract

JEL Classification: K12

Suggested Citation

Fogelson, Yury, Contracts for the Benefit of a Third Party: The Problem of Classification (August 1, 2013). Higher School of Economics Research Paper No. WP BRP 23/LAW/2013. Available at SSRN: https://ssrn.com/abstract=2304722 or http://dx.doi.org/10.2139/ssrn.2304722

Yury Fogelson (Contact Author)

National Research University Higher School of Economics ( email )

Myasnitskaya street, 20
Moscow, Moscow 119017
Russia

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