The possibility of the extension to third parties of the obligatory effects of the contract in the CESL and in the Spanish regulation

Miguel Ángel Tenas Alós

Keywords

Common European Sales Law; Contracts; Contractual vinculation; Principle of contractual relativity; Sales; Spanish legal system

Abstract

The principle of contractual relativity states that only those who are part of a contract are affected by this agreement. However, the modern contracts and the evolution of Law made happen some exceptions, for example the defense of the theory of the “contractual vinculation”.
Other possibles exceptions passed by time. The Common European Sales Law –CESL- happened to be suggested as a Regulation for common law of sales. Finally, it has not been approved, but it should be studied whether it also includes exceptions to the principle of contractual relativity. Surely the CESL will form the basis of future European proposals.
The analysis of the actual Spanish legal system should respond our question about if the third part could be included in the contract, where was not involved from a beginning and in which concrete case. We also discuss our actual situation in comparation with CESL.