Abstract
An analysis of the Scottish Law Commission's proposed reform of the Scots law of third party rights in contract set in a mainly European comparative perspective (including the English Contracts (Rights of Third Parties) Act 1999, the UNIDROIT Principles of International Commercial Contracts, and the Draft Common Frame of Reference). The paper shows how basic doctrinal analysis reveals that Scots law has never been quite on a coherent footing, which explains why it has been found awkward, if not impossible, to apply in practice. How these difficulties will be met by the proposed reforms is then set out in some detail.
| Original language | English |
|---|---|
| Title of host publication | Eppur si Muove |
| Subtitle of host publication | The Age of Uniform Law – Festschrift for Michael Joachim Bonell, to celebrate his 70th birthday |
| Editors | Lena Peters |
| Place of Publication | Rome |
| Publisher | UNIDROIT |
| Pages | 1066-1086 |
| Number of pages | 21 |
| Volume | 2 |
| Edition | 1 |
| ISBN (Print) | 9788886449366 |
| Publication status | Published - 29 Sept 2016 |
Keywords / Materials (for Non-textual outputs)
- Contract Law
- Third Party rights
- Scots Law
- Comparative Law
- UNIDROIT Principles
- Draft Common Frame of Reference
- European private law