Abstract
The contract is the subject of civil law that creates the basic entity of the national and international economy, and the contracting process is the most important stage in economic affairs in general. Naturally producing effects between the parties, we can say that vis-à-vis the parties, the contract is binding, or, in other words, the signatory parties must comply with the provisions of the contract. On the other hand, compared to third parties, the effects of the contract being only an exception, we can say that the production of the effects towards them is relative. This study represents an exemplary synthesis of the theoretical and practical dimension of the issue of the third party notion in the light of the new regulations of the Civil Code, norms that created new ways of economic development of the Republic of Moldova.
Highlights
The entity with an impressively mobile structure, radiant and exceptional evolution in contracts’ effects is the third party
It could be noted that the notion of a third party was a universal one and was applicable in the procedural part too, but which had an absolutely different aspect from the material one
As an aspect that follows to be determined is that in the case of a third beneficiary party, during the process it shall have the quality of party in the case of material right, it is a third-party, for example, in the case of acceptance by the third-party of the stipulation of the contract for the benefit of a third party, the beneficiary third party shall be a part in the process, same as in the case of the direct action, the third party shall have the quality of party in the process by virtue of the right to action directly offered by the legislator
Summary
Faptul că efectele contractului se răsfrâng exclusiv, asupra părților, reiese direct din contract, și nu era obligatoriu de reglementat, căci părțile, în calitate de autori ai contractului, fiind în poziții contrare își vor crea norme private, ce vor ghida drepturile și obligațiile lor, dar protecția terțului, în contractele încheiate între părți, nu figura. Cei din urmă sunt persoanele care, deși nu au statut de parte contractantă, dețin un drept din contract ori from what was invoked to the third party there was more determined its absolute quality, than the specific one, which created the notion of a third party in antithesis to the French one. The notion of third party was approached in their absolute variant, and in the variant of non-participants, upon conclusion of the civil legal act but who had an interest in the contract, determined for them the name of successors in title. Alcătuit din norme juridice, care se regăsesc în mai toate materiile Codului civil, este acela al opozabilității, prin raportare la un act juridic, la un fapt juridic în sens restrâns, la un raport juridic sau la un drept subiectiv. The broadest context, made up of legal norms that were found in most of the matters of the Civil Code, is that of opposability, by reference to a legal act, to a legal fact in the narrow sense, to a legal relationship or to a subjective right
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