Imperfect Contracts for the Benefit of a Third Person Sample Clauses

Imperfect Contracts for the Benefit of a Third Person. As it has been stated above, in accordance with the Turk- ish Code of Obligations Article 129/1 in which imperfect contracts for the benefit of a third person have been reg- ulated, in case the promisee (creditor) makes them put a deed for a third party beneficiary in the contract, the beneficiary will not be able to demand the fulfillment personally. Only the promisee will be able to demand the fulfillment for the beneficiary from the promisor. In the imperfect contract for the benefit of a third per- son, because the third party does not gain a right to claim, he has no right to demand the fulfillment of the deed owed in the contract. Third party is not actually a creditor, is only a beneficiary of the owed deed, an ac- ceptor of the fulfillment to be made.13 The beneficiary has an authority only to accept the fulfillment of the deed. However, it would not be possible for a third party to sue or to request compensation based upon the rea- sons regarding the contradiction to the obligation such as non-fulfillment of the deed or delayed or defective fulfillment. In the imperfect contract for the benefit of a third person, in the event the promisor does not fulfill his obligation at all or rightly, the fulfillment of the deed and the compensation of the damage in case there is a damage could be requested only by the creditor. The promisee will be able to dispose on the right aris- ing from the contract freely whereas the third party is İki kavram arasındaki fark, Yargıtay’ın ilgili kararında, “Aralarındaki temel fark ise, eksik üçüncü kişi yararına sözleşmelerde üçüncü kişinin, xxxxxxxx ile xxxx xxxxxx gi- ren taraftan talepte bulunamamasına xxxxxx xxx üçüncü kişi yararına sözleşmelerde bunun mümkün olmasıdır.”12 şeklinde açıklanmıştır.