For a third-party beneficiary to have rights under the contract, he must be a intended beneficiary, unlike a secondary beneficiary. The third party must argue and prove that he or she was indeed a intended beneficiary. The existence of the right to enforce the treaty does not make the third party bound to the contract. The third party has only the right to take legal action against the contract, to seek damages or an injunction as if he were a contracting party. The ability to obtain contract rights increases the threat to contracting parties: they could be sued by anyone who benefits from the contract. In both cases, a third-party contract differs from the Agency in that the undertaking acts on its own behalf and for itself, whereas a representative or representative does not. It also differs from a promise of a continuous carrier, according to which the third party has a negative commitment and first, by its consent, substitutes for a intended party and, therefore, commits itself. In addition, the beneficiary of a third-party contract must not exist at the time the contract is concluded. This means that a contract can benefit an unborn person (usually a family member) or secure benefits for a corporation, for example.
B a business, which are still being set up or registered. The text that will be included in the amendment plan usually writes to the contractor as follows: the contractor has read and has full knowledge of the third party agreements (even if he is not aware of them at all and has generally not received a copy of them), he must not miss the employer`s obligations under these agreements and must fulfil all obligations arising from those agreements. as if they were directly included in the construction contract. Therefore, all provisions of the third-party contract that impose an obligation on the employer with respect to the work should also be understood as an obligation for the contractor. It`s as simple as that. How and why did this happen? A third party is a person who is not a party to the contract. The Common Law recognizes three important third parties: a third party beneficiary is, according to contract law, a person who may have the right to complain about a contract when he was not actively involved in the original contract. This right, known as ius quaesitum tertio, arises when the third party (tertius or alteri) is the intended beneficiary of the contract, unlike a simple beneficiary (penitus extraneus). It remains, if the third party trusts the relationship or accepts the relationship, and gives the third party the right to sue the promisor (promises or performing party) or the promises (stipulans or anchor party) of the contract, depending on the circumstances in which the relationship was established.
Delegate: When a party delegates a contractual obligation to a third party, that person is delegated. The delegate must now execute the contract, but the delegate (the one who was required to perform under the contract) remains responsible for the delivery and violation.