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Document-ID: 931000
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No. IV.6.4 - No contract to detriment of third party

Contracts may not be concluded to the detriment of a third party ("res inter alios acta alteri non nocet").



Trans-Lex Commentary

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Please cite as: "Commentary to Trans-Lex Principle No. IV.6.4 - No contract to detriment of third party, http://www.trans-lex.org/931000"

This Principle takes account of the fact that a contract has legal effects only between its parties ("inter partes"). While the parties may conclude a contract for the benefit of a  third party, they may never, however, provide for contractual stipulations to the detriment of a third party which is not a party to the contract. In order for such stipulations to be binding on that third party, that party must become a party to the contract which contains these stipulations.


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