نوع مقاله : مقاله پژوهشی
موضوعات
عنوان مقاله English
نویسنده English
Third-party obligation is one of the important concepts in Iranian law, in which a person (obligor) undertakes an obligation for the benefit of a third party (other than the parties to the contract). This type of obligation may be made for various reasons, such as the third party benefiting from the benefits of the contract or providing protection to the parties. However, the fulfillment of an obligation for the benefit of a third party faces certain obstacles and conditions that limit its enforceability. One of the most important obstacles is the lack of consent of the third party. If the third party refuses to accept or benefit from the obligation, the obligation for the benefit of a third party will not be effective. In other words, the third party must be willing to use the obligation for his own benefit, otherwise the obligation will be invalid. In addition, the consent of the obligee is also necessary, because otherwise the contract will be ineffective. Some specific laws may not allow the obligation for the benefit of a third party to be fulfilled in a desirable manner, especially if it conflicts with special regulations or the rights of others. In this regard, mandatory laws designed based on public order or good morals may declare such obligations illegal. Another obstacle is the presence of a specific condition in the contract that may create restrictions on the third party's exploitation of the obligation. The lack of competence of the third party is also another important obstacle. The third party must have the necessary legal or contractual competence to benefit from the obligation. If the third party lacks this competence, the obligation in his favor will not be enforceable. Also, if the parties to the contract do not intend to create an obligation in favor of the third party, this type of obligation will not be enforceable at all. Therefore, in Iranian law, the aforementioned obstacles cause the implementation of the obligation in favor of the third party to be limited and affected by specific laws.
کلیدواژهها English