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Stipulation for another vs. assignment agreement

High Court of Justice and Cassation stated that in what concern stipulation for another beneficiary cannot acquire the obligation to pay the price as the beneficiary of the contract in favor of another person, because, on the first hand, such a contract creates rights for the recipient only and not obligations, and on the other hand, to the stipulated contract between promissory, namely, to the sale and purchase is a third party beneficiary. In this case, a clause in a sale contract, the parties provided that they agree to enter into a written addendum to the contract that all rights and obligations of the parties under the contract will be transferred to a company which will be established. The High Court held that this operation is not a stipulation for another, whereas that clause, the parties to the sale contract have not been identified as stipulated promissory but agreed to subrogation to the rights and obligations of the purchaser with legal person to emerge from the state in which they existed at the time of taking over, or on the closing date of paying the addendum obligation the price was executed. ( Decision no. 1020 from 28th of February 2012 pronounced in appeal by the Civil Section II from the High Court of Justice and Cassation having as object claims action ).

>> The source: JURIDICE.ro

Daniela GHICAJANU

 

 

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