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Cour de Cassation — Contract Law — Effect towards third parties

Date Citation Note
10.01.2006 Bull.civ. 2006,I. no. 6, p. 5 First Civil Chamber, (pourvoi no. 03-17839)  
10.05.2005 Bull.civ.1, no. 205, p. 173 First Civil Chamber, (pourvoi no. 02-11.759)

Subsequent developments
A third party who is responsible for the nullity of a loan contract can avail himself of a contractual indemnity on premature termination with a view to limiting the amount of reparation due to the contractual victim on whose behalf the indemnity had been created.
12.07.1991 D. 1991, 549 Case Besse v. Protois

Subsequent developments
A claim by a creditor against his debtor’s debtor is not contractual: there must be a contract between the parties to the litigation: so held in a claim by site-owner against plumbing sub-contractor.
07.02.1986 D.1986.293 Case Société MPI v. Union des Assurances de Paris et autres

Subsequent developments
A site-owner who has bought defective goods from a sub-contractor has a contractual claim - transferred together with the goods - against the manufacturer.
12.07.1956 D. 1956, 749 Case Fornas v. Jacquin It is not only the third party beneficiary of a contract who may claim performance from the debtor: the promisee is also entitled to claim performance of the promise.
16.01.1888 D.P. 1888, I, 77 Case Despretz v. Wannebroucq

Subsequent developments
A person who has accepted nomination as beneficiary of a life assurance policy immediately acquires an irrevocable right to the eventual proceeds, which form no part of the deceased insured’s estate.