oa Fundamina : A Journal of Legal History - The reception of Institutes 3.19.19 in France
|Article Title||The reception of Institutes 3.19.19 in France|
|© Publisher:||UNISA Press|
|Journal||Fundamina : A Journal of Legal History|
|Publication Date||Jan 2005|
|Pages||59 - 68|
Extracted from text ... _______________________________________________________________ THE RECEPTION OF INSTITUTES 3.19.19 IN FRANCE Harry Dondorp (Vrije Universiteit Amsterdam) Introduction Article 1119 of the French Code Civil rules that "one cannot, in general, bind himself or stipulate in his own name except for himself".1 Acting in one's own name, not as a representative of another, one can only stipulate a performance to one's own benefit. This rule, the French writers explain, derives from Roman law, referring to the fact that in Roman law a contract could not confer a right upon a third party.2 In the nineteenth century, however, many French writers gave another explanation. Zachariae, ..
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