Anmerkungen zum Vertrag zugunsten Dritter im Rahmen des Europaeischen Vertragsrecht

The aim of the paper is to tease out the common characteristics of the "Contract in favour of a third party" concept from its respective rules in the different legal systems. Special attention has been paid to stressing the circumstances under which the contract in favour of a third party is to be distinguished from the closely related concept of the contract with protective effects for the benefit of third parties, where in the first case the third party acquires a claim to performance of a contractual obbligation and not, as in the second case, where the third party is a mere receiver of the performance