Perfect contract for the Benefit of Third Per- son Sample Clauses

Perfect contract for the Benefit of Third Per- son. In Turkish Code of Obligations Article 129/2 in which the perfect contract for the benefit of a third person has been regulated, only if it fits the purpose of the parties or it is suitable to the custom, it will be possible for the third party to demand the fulfillment of the related deed from the promisor. As it has been envisaged in the related Supreme Court’s decision,14 “It is determined whether it is an imperfect or a perfect contract for the benefit of a third person in accord- ance with the provision envisaged in the Turkish Code of Obligations Article 129/2. Pursuant to that provision, either it must be written clearly in the contract that the third party could possibly make a request on his behalf or it must be possible to determine that situation according to the declared intentions of the parties or there must be a custom regarding that issue.” In the perfect contract for the benefit of a third person, the beneficiary has a right to accept the fulfillment of the deed promised, but also (even if the third party is not a party to the contract drawn up) has a right to claim and thus he may demand the fulfillment of the deed. As soon as the contract is drawn up, the third party gains the right to claim directly and originally.15 This is the most crucial distinction of the perfect contract for the benefit of a third person compared to the imperfect contract for the benefit of a third person.
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