oa Fundamina : A Journal of Legal History - Pacta in favorem tertii
Alteri nemo stipulari potest. As a general rule, both in the Continental ius commune and in the British common law, a contract could not confer rights or impose obligations arising under it on any person except the parties to it. Persons not party to the contract could not sue or be sued on it. The latter principle is clearly expressed in Institutio 3 19 3: Si quis alium daturum facturumve quid spoponderit, non obligabitur. The stipulatio created rights and duties only to the parties to it. It could have no effects whatsoever on third parties, making them neither creditor nor debtor.
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