xr Trans-Lex.org Law Research Trans-Lex.org Law Research - Docid: 931000 -
Principle

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").

Commentary
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.


Please cite as: "Commentary to Trans-Lex Principle , http://www.trans-lex.org/931000"
References
Arbitral Awards
ARAMCO-Award, ILR 1963, at 117 et seq.
ICC Award No. 4972, Clunet 1989, at 1100 et seq.
Doctrine
Aguilar Alvarez, Guillermo, note to ICC Award No. 4972, Clunet 1989, at 1105 et seq.
Domingo, Ortega, Rodriguez-Antolin, Zambrana, Principios de Derecho Global, Navarra, 2006
Fouchard, Philippe, L'Arbitrage Commercial International, Paris 1965
Kersley, R.H., M.A., LL.M./ Broom, Herbert, LL.D., A Selection of Legal Maxims, 10th ed. London, 1939
International Legislation
Vienna Convention on the Law of Treaties of 1969
National Legislation
Civil Code Québec
Russian Civil Code
Contract Clauses
1. Contract Binding on Parties Only
Employment Contract
Plan Provisions Binding
The provisions of the Plan shall be binding upon the Company, all Participating Employers and all persons entitled to benefits under the Plan and their respective successors, heirs and legal representatives.
2000
Parties Bound
This Agreement shall be binding on all persons entitled to benefits under the Plan, their respective heirs and legal representatives, on the Employer, its successors and assigns, and on the Trustee, the Committee and their successors.
2007
Sales & Purchase Contract
Successors; Governing Law
This Purchase Contract shall be binding upon and inure to the benefit of the parties hereto and their respective successors, and no other person shall acquire or have any right or obligation under or by virtue of this Purchase Contract.
1998
Miscellaneous
This Contract is solely for the benefit of the Parties. No person who is not a party to this Contract shall have any rights, whether under the Contracts or otherwise, to enforce any provision hereof, and none of the terms of this Contract are intended to be enforceable by any third party.
2002
Binding Effect
This Agreement and each other Transaction Document to which such Seller Party is a party constitute the legal, valid and binding obligations of such Seller Party enforceable against such Seller Party in accordance with their respective terms, except as such enforcement may be limited by applicable bankruptcy, insolvency, reorganization or other similar laws relating to or limiting creditors' rights generally and by general principles of equity (regardless of whether enforcement is sought in a proceeding in equity or at law).
2003
Rights of Parties
Except as stated, nothing in this Agreement, whether express or implied, is intended to confer any rights or remedies under or by reasons of this Agreement on any persons other than the parties to it and their respective successors and assigns, nor is anything in this Agreement intended to relieve or discharge the obligation or liability of any third persons to any party to this Agreement, nor shall any provisions give any third persons any right to subrogation or action over against any party to this Agreement (...)
2006
No Binding Effect
Notwithstanding anything in this Agreement to the contrary, no provision of this Agreement shall be binding on or create any obligation on the part of Sponsor, the United States Government or any branch, agency or political subdivision thereof (...)
2009
Services Contract

The rights and obligations of the parties hereto shall enure to the benefit of and be binding upon the parties hereto and their respective heirs, successors, permitted assigns or other legal representatives (...)
2002
No Third Party Beneficiaries
The terms and provisions of this Agreement are intended solely for the benefit of each Party and their respective successors and permitted assigns, and the Parties do not intend to confer third party beneficiary rights upon any other Entity or person. Notwithstanding the foregoing, X shall be deemed a third party beneficiary to the rights of the X Services Advisor herein and to X's rights (...) and X shall have the right to directly enforce such rights against the Parties for so long as those rights exist.
2005
Third Party Beneficiaries
None of the provisions of this Agreement shall be for the benefit of or enforceable by any third party, including any creditor of any Person. No such third party shall obtain any right under any provision of this Agreement or shall by reasons of any such provision make any claim in respect of any Liability (or otherwise) against either Party hereto (...) nothing in this Agreement, express or implied, is intended to confer upon any other Person any rights or remedies of any nature whatsoever under or by reason of thia Agreement (...)
2007
No Third Party Beneficiaries
The agreements contained herein are made solely for the benefit of the Credit Parties, and successors and assigns of the Credit Parties, as specified in the Loan Documents, and shall not be construed as having been intended to benefit any third party.
2009
Third Party Rights
The provisions of this Agreement are enforceable solely by the Parties to this Agreement, and no shareholder, employee, agent of any Party or any other Person shall have the right to enforce any provision of this Agreement or to compel any Party to this Agreement to comply with the terms of this Agreement.
2010
Binding Effect
This Agreement shall be binding upon and inure to the benefit of each of the parties hereto and their respective successors or assigns (...) Nothing herein is intended or shall be construed to give any other Person any right, remedy or claim under, to or in respect of this Agreement or the Vehicle Collateral; provided, however, that a Noteholder may, subject to Section {X} of the Base Indenture, pursue any right, remedy or claim in respect of this Agreement or the Vehicle Collateral.
2010
Bankruptcy Agreement
Third Party Beneficiaries
This Agreement is intended to benefit only the Bankruptcy Estate, the parties and those others expressly released under the Plan in accordance with section X of this Agreement. With those exceptions, there are no third party beneficiaries of this Agreement.
2005
Joint Venture
No Rights of Third Parties
Except for the rights of the Persons referenced in Sections X hereof, (i) this Agreement is made solely and specifically between and for the benefit of the parties hereto and their respective members, successors and assigns subject to the express provisions hereof relating to successors and assigns, and (ii) no other Person whatsoever shall have any rights, interest, or claims hereunder or be entitled to any benefits under or on account of this Agreement as a third party beneficiary or otherwise.
2008
2. No Detriment to Third Party
Services Contract
Release of Collateral
A third party who buys a Vehicle from {X} in the ordinary course of business shall take such Vehicle free of any Lien created pursuant to this Agreement.
2010
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