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to representation ( Inleidinge iii .1.28–38), as well as his remarks on the stipulatio alteri ( Inleidinge iii .3.38). Also Grotius’s ideas on mandate ( Inleidinge iii .12–13) will be referred to. They will be compared to the then prevalent communis opinio among the learned lawyers

In: Grotiana
Author:

stipulatio alteri , one can reconstruct the basis of the legal debate on this fundamental topic in the History of private law and the solutions eventually adopted. Indeed, the topic here proposed is particularly suitable for a scientific and historical analysis involving issues of private law and history of

In: Modernisation, National Identity and Legal Instrumentalism (Vol. I: Private Law)
Author:

stipulatio alteri , one can reconstruct the basis of the legal debate on this fundamental topic in the History of private law and the solutions eventually adopted. Indeed, the topic here proposed is particularly suitable for a scientific and historical analysis involving issues of private law and history of

In: Modernisation, National Identity and Legal Instrumentalism (Vol. I: Private Law)
Authors: and

CHAPTER TWO MEDIEVAL LEGAL SCHOLARSHIP 2.1 Alteri stipulari nemo potest; the medieval approach in general In the Roman stipulatio alteri (and mandatum alteri ) it was the stipulator (or the man dator) who stipulated that something be performed to someone absent, a third-party bene fi ci ary. It

In: Contracts For a Third-Party Beneficiary
Authors: and

from what it was supposed to mean in its original Justinianic context. 8 chapter one develop ment from the classical period until the days of Justi nian. By so doing we will also see in which excepti onal cases the stipulatio alteri was neverthe less effective for the parties. As will be shown

In: Contracts For a Third-Party Beneficiary

by and large followed the communis opinio among the learned scholars, although on one important point – namely the acquisition by a third party of a claim on the basis of a stipulatio alteri – Grotius went beyond that communis opinio and, thus, opened the way for a gradual wider legal acceptance

Authors: and

the stipulatio alteri was ineffective when the stipulator had no monetary in ter est in the performance agreed upon. Roman law did not provide a remedy to en for ce the obligatio naturalis that resulted from 48 chapter three such agreement,1 but the Church would com pel the promisor to fulfi l his

In: Contracts For a Third-Party Beneficiary
Author:

agent fall outside the scope of the Convention . Successively the main operation itself (6.3 .4), the admissibility of agency (6.3 .5), juridical acts (6.3 .6) , delictual liability (6.3 .7-6.3 .9), exemption clauses (6.3 .10), stipulatio alteri (6.3 .11), payments (6.3 .12) , restitution (6.3 .13), pre

In: Agency in Private International Law
Authors: and

acquires his right in a different way or not solely from the contract in his favour, the term ‘contract in favour of a third party’ will be used. In order to describe the historical developments until 1900 the term stipulatio alteri will be used for all contracts where parties agree that something be

In: Contracts For a Third-Party Beneficiary
Author:

Code codified these doctrines gives an additional argument to his conclusion. Alfred Cockrell writes about breach of Con- tract (p. 303–334) and the lamented Dean of the Faculty of Law at the University of Pretoria, David J. Joubert, wrote about Agency and Stipulatio Alteri (p. 335–357). The third part

In: Tijdschrift voor Rechtsgeschiedenis / Revue d'histoire du droit / The Legal History Review