THE IMPACT OF THE CONTRACT ON THIRD PARTIES IN THE JORDANIAN LEGISLATION

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MOHAMMAD ALI MOHAMMAD BANI-MEQDAD

Abstract

One of the effects of the contract with regard to third parties is what is known as the  provision in favor of third party  and it is a condition included in the contract whereby one of the two contracting parties is called the stipulator on the other contracting party and is called the undertaker, whereby he must do a specific matter for the benefit of a third person called the beneficiary. Thus, it becomes possible for a third party to have rights over the contract while he is not a party to it, that is, the contract produces an effect that goes to others, and it is an intended effect that the will of the two contracting parties directed to. All that the law requires of the stipulator is that he has a personal interest in the stipulation, whatever this interest may be  ,the stipulation is not a self-contained contract, as it is necessary for its validity to have a dependent agreement based on the original contract. And the most important thing that distinguishes the condition is that the beneficiary has acquired a direct right on a contract to which he was not originally a party, and accordingly the beneficiary has the right to file a direct suit against the  undertaker, demanding that he fulfill   his obligation.


 

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MOHAMMAD ALI MOHAMMAD BANI-MEQDAD

  1. MOHAMMAD ALI MOHAMMAD BANI-MEQDAD

Ajloun National University/College of Law

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