The concept, nature and effects of the obligation on third parties

Subject Areas : Journal of Law and Politics

Amir barani ¹ (MA. in Law, Jurisprudence and Private Law, University of motahari, Tehran, Iran.)

Received: 2023-08-04 Accepted : 2023-09-21 Published : 2023-08-23

Keywords: The Obligation on Third Parties, collective contracts. , the principle of the autonomy of the will, the principle of relativity of contracts, the principle of citation,

Abstract :

The principle of the autonomy of the will declares that a person’s will is the main source of obligations. Consequently, the will of another person doesn’t result in an obligation against or in favor (of) that person. However, the necessity of creating a contract such as insurance and collective contracts in addition to social needs has led to this principle being addressed in some specifications. One of the most important Exceptions is the obligation on third parties. But what are the meaning(s), nature and effects of this specification? Contrary to the belief of some writers, the obligation on third parties is, in fact, making a person obligor whose will doesn’t play a role in creating that obligation. Regarding the nature of this entity, it should be noted that the obligation against third party is theoretically subject to the general rules of unauthorized transactions. Therefore, until it’s confirmed, an obligation will not arise for that person, unless the legislator explicitly assumes the obligations resulting from people’s will for another person