Contract at the expense of third parties
A contract at the expense of third parties ( French: promesse de porte-fort ) is a contract that is concluded between two or more people and directly disadvantages a third party .
It is to be distinguished from contracts in favor of third parties , contracts with protective effect in favor of third parties and third-party claims liquidation .
Contractual contracts at the expense of third parties
Contracts to the detriment of third parties are not compatible with the principles of private autonomy. The principle requires that individuals shape their private legal relationships in a self-determined manner. Contractual third-party charges without the participation of the third party are therefore generally not possible as long as they are not favorable. In particular, it is not possible to oblige third parties to provide a service without their cooperation.
Exceptions to the principle of the impossibility of third-party-burdening contracts are the good faith regulations (such as § 892 , § 932 BGB ) (in conjunction with § 929 BGB), which restrict private autonomy in favor of road safety. In this respect, it is possible that two parties can agree on the transfer of ownership of an item and the third party, the true owner, may lose his property, provided that the purchaser is in good faith with regard to the seller's position as owner.
The counterpart of the contract at the expense of third parties is the contract in favor of third parties .
International treaties at the expense of third parties
In addition to contracts under the law of obligations at the expense of third parties, there are also international contracts at the expense of third parties.
Individual evidence
- ↑ Helmut Rüßmann: Contractual third-party procurement Accessed on June 20, 2014.
