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Reforming third party rights in contract: A Scottish viewpoint

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Original languageEnglish
Title of host publicationEppur si Muove
Subtitle of host publicationThe Age of Uniform Law – Festschrift for Michael Joachim Bonell, to celebrate his 70th birthday
EditorsLena Peters
Place of PublicationRome
PublisherUNIDROIT
Pages1066-1086
Number of pages21
Volume2
Edition1
ISBN (Print)9788886449366
DOIs
Publication statusPublished - 29 Sep 2016

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.

    Research areas

  • Contract Law, Third Party rights, Scots Law, Comparative Law, UNIDROIT Principles, Draft Common Frame of Reference, European private law

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