UGOVOR U KORIST TREĆEG LICA – ODSTUPANjE OD NAČELA „INTER PARTES“

Abstract

The contract represents an instrument of legal transactions through which the contracting parties regulate their rights and obligations within the limits of compulsory regulations, public order, and good customs. The Law on Contracts and Torts proclaims the principle of disposition and autonomy of will, as a result of which the contracting parties can create rights and obligations for themselves and the other contracting party with their free declarations of will, regulate their mutual relations in a different way from legal solutions, as long as they do not exceed the set limits, under the threat of nullity of the contract. In addition to the above, the contract can extend its effect besides the contracting parties, and it can be used to contract rights in favor of third parties, whose will did not participate in the creation of the contract itself. In this paper, the authors will show the impact of a contract in favor of a third party, as an exception to the inter partes principle, on the example of a contract concluded between RF PIO and JP "Pošta Srbije" and look at the legal validity of such a contract, through court practice.