Principiul relativitatii efectelor contractului
English translation: Principle/Rule of relativity of contract/privity of contract
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| 08:13 Apr 4, 2013 |
| Romanian to English translations [PRO] Law/Patents - Law: Contract(s) | |||||
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|  Selected response from: Annamaria Amik Local time: 06:37 | ||||
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| 5 +4 | Principle/Rule of relativity of contract |
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| 4 +1 | Principle of Relativity Effects of the Contract |
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| 4 +1 | privity of contract |
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| Discussion entries: 1 | |
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Answers
3 mins confidence: 
peer agreement (net): +1
peer agreement (net): +1Principle of Relativity Effects of the Contract Explanation: vezi referința Reference: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2225004 Reference: http://www.docstoc.com/docs/35977712/CONTRACTS |
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Notes to answerer
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19 hrs confidence: peer agreement (net): +1
peer agreement (net): +1privity of contract Explanation: Definiţia principiului indicat de Annamaria, în Black’s Dictionary of Law 9th Edition: res inter alios acta. [Latin "a thing done between others"] 1. Contracts. The common-law doctrine holding that a contract cannot unfavorably affect the rights of a person who is not a party to the contract. 2. Evidence. The rule prohibiting the admission of collateral facts into evidence. Doctrina mai cuprinzătoare nenumită mai sus este PRIVITY OF CONTRACT. Pentru o prezentare generală, vedeţi http://en.wikipedia.org/wiki/Privity_of_contract Reproduc intrarea corespunzătoare din Black’s (treceţi peste fragmentul între paranteze drepte dacă nu vă interesează the minutiae): privity of contract. (17c) The relationship between the parties to a contract, allowing them to sue each other but preventing a third party from doing so. The requirement of privity has been relaxed under modern laws and doctrines implied warranty and strict liability, which allow a third-party beneficiary or other foreseeable user to sue the seller of a defective product. ['To many students and practitioners of the common law privity of contract became a fetish. As such, it operated to deprive many a claimant of a remedy in cases where according to the mores of the time the claim was just. It has made many learned men believe that a chose in action could not be assigned. Even now, it is gravely asserted that a man cannot be made the debtor of another against his will. But the common law was gradually influenced by equity and by the law merchant, so that by assignment a debtor could become bound to pay a perfect stranger to himself, although until the legislature stepped in, the common-law courts characteristically made use of a fiction and pretended that they were not doing that which they really were doing." William R. Anson, Principles of the Law Of Contract 335 (Arthur L. Corbin ed., 3d Am. ed. 1919). "It is an elementary principle of English law - known as the doctrine of 'Privity of Contract' - that contractual rights and duties only affect the parties to a contract, and this principle is the distinguishing feature between the law of contract and the law of property. True proprietary rights are 'binding on the world' in the lawyer's traditional phrase. Contractual rights, on the other hand, are only binding on, and enforceable by, the immediate parties to the contract. But this distinction, fundamental though it be, wears a little thin at times. On the one hand, there has been a constant tendency for contractual rights to be extended in their scope so as to affect more and more persons who cannot be regarded as parties to the transaction. On the other hand, few proprietary rights are literally 'binding on the world'." P.S. Atiyah, An Introduction to the Law of Contract 265 (3d ed. 1981). "The doctrine of privity means that a person cannot acquire rights or be subject to liabilities arising under a contract to which he is not a party. It does not mean that a contract between A and B cannot affect the legal rights of C indirectly." C.H. Treitel, The Law of Contract 538 (8th ed.1991).] Alte discuţii pe proz: http://www.proz.com/kudoz/french_to_english/law_general/4447... (neconcludent) http://www.proz.com/kudoz/french_to_english/real_estate/4009... (argumentat) Din jurisprudenţa ECJ: comparaţi versiunile în engleză, română şi franceză ale documentului http://curia.europa.eu/juris/document/document.jsf?text=&doc... art. 16: although the principle of privity of contract ordinarily applies in that contracts are binding only on the parties who have signed them bien que les contrats aient normalement un effet relatif en ce qu’ils ne lient que les parties qui les ont conclus deși contractele au în mod normal efect relativ în sensul că sunt obligatorii numai pentru părțile care le au încheiat Alte referinţe: http://books.google.ro/books?id=xfKnCrn1Xm8C&pg=PA304&lpg=PA... http://www.cttj.ca/Documents/droit_contrats/privity_6D.pdf (material foarte interesant) |
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Notes to answerer
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1 hr confidence: peer agreement (net): +4
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