LexInter | August 28, 2002 | 0 Comments


Article 1119

In general, one cannot commit or stipulate in one’s own name except for oneself.

The social and the collectivization of private relations, Champaud, Claude, La Vie Judiciaire n ° 2613, 12/05/1996, pp. 1-2
Article 1120
Nevertheless, one can be strong for a third party, by promising the fact of this one; except the indemnity against the one who stood up or who promised to have it ratified, if the third party refuses to keep the engagement. whoever stands up for a third party by promising the ratification by the latter of a commitment is bound by an independent obligation from which he is discharged upon ratification by the third party, while he who stands firm in the execution of ‘a commitment by a third party undertakes incidentally to the main commitment subscribed by the third party to satisfy it if the third party does not perform it himself Cass. com. December 13, 2005
Article 1121
Similarly, one can stipulate for the benefit of a third party, when such is the condition of a stipulation which one makes for oneself or of a donation which one makes to another. Whoever made this stipulation can no longer revoke it, if the third party has declared that he wants to take advantage of it. Guarantee between partners, Jonville, Armand JCP N Semaine Juridique (notarial and real estate publishing), n ° 42,, 19/10/2001, pp. 1555-1556
Article 1122
One is deemed to have stipulated for oneself and for his heirs and successors in title, unless the contrary is expressed or results from the nature of the agreement.

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