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Contracts for the benefit of a third party: the problem of classification

Listed author(s):
  • Yury Fogelson


    (National Research University Higher School of Economics)

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    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

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    Paper provided by National Research University Higher School of Economics in its series HSE Working papers with number WP BRP 23/LAW/2013.

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    Length: 25 pages
    Date of creation: 2013
    Publication status: Published in WP BRP Series: Law/ LAW, November 2013, pages 1-25
    Handle: RePEc:hig:wpaper:23/law/2013
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