612
=U3= Sec328 -- Section 328 Contract for the benefit of third parties
--
=S=> BGB 328. 1 Performance to a third party may be agreed by contract with the effect that the third party acquires the right to demand the performance directly .
=S=> BGB 328. 2 In the absence of a specific provision it is to be inferred from the circumstances , in particular from the purpose of the contract , whether the third party is to acquire the right , whether the right of the third party is to come into existence immediately or only under certain conditions , and whether the power is to be reserved for the parties to the contract to terminate or alter the right of the third party without his approval .
=U3= Sec329 -- Section 329 Interpretation rule where there is an assumption of the duty to perform
--
=S=> BGB 329 Where one party to a contract agrees to satisfy an obligee of the other party without assuming the obligation , then in case of doubt it may not be assumed that the obligee is to acquire the right to demand satisfaction from him directly .
=U3= Sec330 -- Section 330 Interpretation rule in the case of life annuity contracts
--
=S=> BGB 330 Where in a life annuity contract the payment of the life annuity to a third party is agreed , in case of doubt it must be assumed that the third party is to acquire the right to demand performance directly . The same applies if , in the case of a gratuitous disposition , a duty of performance is imposed on the person provided for , or , in the case of assumption of property or a landed estate , performance for a third party is promised by the assuming party for the purpose of providing satisfaction .
=U3= Sec331 -- Section 331 Performance after death
--
=S=> BGB 331. 1 If the performance for the third party is to occur after the death of the person to whom it is promised , the third party acquires the right to the performance , in case of doubt , upon the death of the promisee .
=S=> BGB 331. 2 If the promisee dies prior to the birth of the third party , the promise to perform to the third party may only be cancelled or modified if the power to do so was reserved .
=U3= Sec332 -- Section 332 Modification by disposition mortis causa in case of reservation
--
=S=> BGB 332 If the promisee reserves the power to place another in the place of the third party designated in the contract , then in case of doubt this may also be accomplished in a disposition mortis causa .
=U3= Sec333 -- Section 333 Rejection of the right by the third party
--
=S=> BGB 333 If the third party rejects the right under the contract towards the promisor , the right is deemed to not have been acquired .
=U3= Sec334 -- Section 334 Objections of the obligor in relation to the third party
--
=S=> BGB 334 The promisor is entitled to raise objections under the contract in relation to the third party too .
=U3= Sec335 -- Section 335 Right of the promisee to make demands
--
=S=> BGB 335 The promisee may , where a different intention of the parties to the contract may not be assumed , demand performance for the third party even if the latter is entitled to the right to performance .
|
