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Third Party Rights - A Comparison of English and German Law with Respect to the UNIDROIT Principles on International Commercial Contracts (Paperback)
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Third Party Rights - A Comparison of English and German Law with Respect to the UNIDROIT Principles on International Commercial Contracts (Paperback)
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Seminar paper from the year 2003 in the subject Law - Comparative
Legal Systems, Comparative Law, grade: 75% (=With Distinction),
Cardiff University (Grossbritannien; Law School), course:
Comparative Contract Law, language: English, abstract: The question
as to whether a third party can be granted rights or protection
based on a contract between two other parties to which the third
party is a mere stranger is as old as the legal scholarship of
contract law itself. Over centuries, quite different approaches to
the issue have been evolved and embedded in different legal
systems, each with its own characteristics and features. This essay
intents primarily to analyse and compare the approaches of English1
and German Law to third party rights arising from bilateral
contracts, particularly with regard to contracts for the benefit of
a third party and the new Contracts (Rights of Third Parties) Act
1999. However, despite this main focus, some other features related
to third party involvement in mutual contracts will be considered
too. In the first and the second part of this essay I will describe
the modus operandi of English and German law with regard to third
party rights and highlight differences and similarities. The third
part of this paper concerns the approach of that what is sometimes
called an international restatement of contract law, namely the
UNIDROIT Principles of International Commercial Contracts,2 to the
rights of third parties. A comparison of the English and German
system with the restatement will illustrate to what extent elements
of these two national legal systems have been implemented and
considered in an international project of unification of law
General
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