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

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  • Yury Fogelson

    () (National Research University Higher School of Economics)

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

Suggested Citation

  • Yury Fogelson, 2013. "Contracts for the benefit of a third party: the problem of classification," HSE Working papers WP BRP 23/LAW/2013, National Research University Higher School of Economics.
  • Handle: RePEc:hig:wpaper:23/law/2013
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    File URL: http://www.hse.ru/data/2013/08/01/1291264992/23LAW2013.pdf
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    References listed on IDEAS

    as
    1. Sunstein, Cass R, 2000. "Cognition and Cost-Benefit Analysis," The Journal of Legal Studies, University of Chicago Press, vol. 29(2), pages 1059-1103, June.
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    More about this item

    Keywords

    contract law; contract for the benefit of a third party; privity of contract; classifying characteristics of contract;

    JEL classification:

    • K12 - Law and Economics - - Basic Areas of Law - - - Contract Law

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