Europe

Article 6.110 (ex art. 2.115) - Stipulation in Favour of a Third Party 338

1. A third party may require performance of a contractual obligation when its right to do so has been expressly agreed upon between the promisor and the promisee, or when such agreement is to be inferred from the purpose of the contract or the circumstances of the case. The third party need not be identified at the time the agreement is concluded. 339

2. If the third party renounces the right to performance the right is treated as never having accrued to it. 340

3. The promisee may by notice to the promisor deprive the third party of the right to performance unless: 341

• the third party has received notice from the promisee that the right has been made irrevocable, or 342
• the promisor or the promisee has received notice from the third party that the latter accepts the right. 343

Article 7.106 (ex art. 2.116) - Performance by a Third Person 376 see also Mandatory Obligations Termination

1. Except where the contract requires personal performance the obligee cannot refuse performance by a third person if: 377

• the third person acts with the assent of the obligor; or 378
• the third person has a legitimate interest in performance and the obligor has failed to perform or it is clear that it will not perform at the time performance is due. 379

Performance by the third person in accordance with paragraph (1) discharges the obligor. 380

Article 8.107 (ex art. 3.107) - Performance Entrusted to Another 434 see also Mandatory Obligations

A party who entrusts performance of the contract to another person remains responsible for performance. 435