Consumer Contract, Rights and Obligations (Published)
Contractual obligations of an international character are facing many challenges that I will address in this scientific paper in the international view of private entities and the obstacles that appear in the legislation between countries. This paper aims to investigate whether it may create concerns about national legal gaps or eventual problems as a result of differences in the international contract of European Union member countries and non-member countries;If there are problems and legal or real difficulties in this area, if the internal trade and the legal system functions, the interpreter of their difficult treaty between the parties when entering into the contract international or interstate obligations; The case of the contract, interpretation, rights and obligations or other legal issues related to the implementation of private international lawand private EU. The challenges of the international private line should be seen in the field of contract harmonization that may come into existence at European level and beyond as an obstacle that limits the fundamental and legal rights of private citizens and the rights of the individual’s benefit. This consists of three parts as; Personal relations between citizens, property relations with persons of authority as titular property and the procedural right for the protection of personal rights and property of subjective character in practice face more difficulties in international private law.
The principle of relative effect of the contract with regards to third parties is presented as a limit and also a guarantee of freedom of contract.The direct effects are only those created by the stipulation in favour of third parties. The indirect effects are, on the one hand, those effects on third parties which result from the legal activity of another. English law reflects the principle of relative effect of contracts in the Doctrine of Privity of Contract. The aim of this paper is to show how this principle finds placein Community law and in national law. European law is centred on the protection of third parties to the contract constituting the company. In the Unidroit Principles, the principle only appears from an a contrario.In some legal systems, the effect ofthe contract with regard to third parties is particularly strongly regulated. In others it is only through the sanctioning of the violation of third party rights that these effects are taken into account.Within the Common law systems, it is generally admitted that the contract only produces effects between the parties, and the situation of third parties is rarely studied. The approach is different once again in those systems that are today essentially still based on Roman law.
A contract can affect a third party. However, the doctrine of privity means that, as a general rule, a contract cannot confer rights or impose obligations arising under it on any person except the parties to it. This paper deals with the theoretical and practical analysis of the contract for the benefit of a third person by which the benefit obtained from the obligation passes to the third non contractual party. Due to the particular features of this contract, it is important to examine it in detail in order to highlight the special legal nature of the contract for the benefit of the third party as a legal transaction, the elements of the contract, the characteristics, its historical development etc. Also, this paper presents a concept of the specific status of the third party. The author supports the view that the third party (the beneficiary) is an independent contractor who has specific duties and obligations as well as rights and benefits, which is an argument based on the modern theory of interdependence of legal rights and obligations.