Recenzja monografii Ewy Łętowskiej, Przemysława Drapały i Małgorzaty Bednarek Umowy odnoszące się do osób trzecich
Review of a monograph by EWA ŁĘTOWSKA, PRZEMYSŁAW DRAPAŁA AND MAŁGORZATA BEDNAREK "AGREEMENTS RELATING TO THIRD PARTIES"
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The article is a review of E. Łętowska, P. Drapała and M. Bednarek monograph entitled "Agreements relating to third parties' (C.H. Beck, Warsaw 2006). The book provides a comprehensive analysis of three types of contracts existing in the Polish law (Art. 391- 393 of the Polish Civil Code), which involve the contractual relationship with a third party. Those are a contract for the provision by a third party, an agreement for an discharge from an obligation of the debtor and the agreement for the provision for a third party. These structures are described not only from a theoretical standpoint. The monograph also contains a description of their practical application. The authors of the monograph mainly focus on the most problematic issues regarding these agreements, such as the obligations of a third party, and the principle of "ius facit inter partes", nature of the liability arising under such agreements (for both the promising party and the third party). The monograph is supplemented by the reflections on the procedural aspects. Although the monograph should be viewed positively, the article takes a critical look at such excerpts which are inconsistent, disputed or even contradictory. Some considerations of the authors of the monograph have been supplemented with new arguments, some ignored by the authors of the monograph, have been added.
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