09 Oct Stipulation Pour Autrui Agreement
Concretely, the commitment can be signed by the beneficiary of the provision for others. If this is not possible, it may be appropriate to insert a clause according to which the beneficiary has accepted in advance the benefit of the provision for others. English – This agreement binds the parties. It is therefore stipulated to the benefit of XXX, [precise identification of the beneficiary], qui accepted in advance this stipulation, making it irrevocable upon conclusion of the agreement. In the opinion of the Court of Cassation, the provision applicable to others may impose an obligation on the beneficiary if the latter expresses his consent. It thus becomes a contracting party and the relative effect is borne by its law. This is the promise made to others in article 1443 of the Civil Code of Québec, and it is article 1444 of the same code that authorizes the provision for the others among the following elements: in principle, a contract has only one effect between the parties. As an exception, the Civil Code provides that one can force oneself by promising the act of a third party (Article 1204 of the Civil Code) and that one can fix for others (Article 1205 of the Civil Code). In French – This contract is binding on the parties. It is also established in favour of XXX [precise identification of the beneficiary] which has accepted the benefit in advance, so that this provision is irrevocable after the conclusion of the contract. It is Article 1205 of the Civil Code that provides the provision for the others. This article was introduced by the 2016 decision and Article 1121 provided for the provision relating to the others. Since the 2016 regulation is not retroactive, the former article 1121 must be complied with for all contracts or agreements before November 1, 2016.
Under the law of obligations, a provision for others is a contract by which one party called the Stipulant, another who promises to make the commitment it gives or will make, or not to do anything in favor of a designated third party recipient. The latter does not need to express his agreement to become a creditor of the promising. 1445: “It is not necessary to identify or exist the third party beneficiary at the time of destination; It is sufficient that it is determinable at that time and that it exists at the time when the promise must fulfill the commitment in its favor. “Determination for others can be helpful in many situations. For example, this mechanism is often used in the context of confidentiality agreements. . . .