ماهيت حقوقي تعهد به نفع شخص ثالث

THE LEGAL NATURE OF THE CONTRACT FOR THE BENEFIT OF THIRD PARTY

In articles of 196,768 and 769, the Iranian Civil Code, under inl1uence of the French law (mt.1121 civ. code) and Imamiehʹs jurisprudence, without any explanation to the legal nature of the contract for the benefit of third party, has briefly allowed the contracting parties to create an obligation for the benefit of third party. This brevity caused an ambiguity in explaining of the relation between contracting parties and third party. To put an end to the ambiguity, legal experts have tried to make clear this institution. In spite of this trying, they have not yet reached a full agreement. This article which criticizing and examining these thories concludes that the right of third party without interfering to his intention and only with reliance to the partiesʹ intention which the legislator has approved it to reply the social needs, arised out from the contract and after its creation such nas any other legal rigths will be protected by law and immune from any violation.