Volume 1, Draft Civil Code - Digital exhibitions & collections - McGill ...

344 OBLIGATIONS
80 Between the parties, the real act prevails over the
apparent one.
81 A third party in good faith may avail himself of either
the apparent or the real act, according to his interest.
82 When conflicts of interest arise between third parties in
good faith, preference is given to the one who avails himself of
the apparent act.
§ - 4 Third party obligation
83 A person may, in his own name, promise that a third
party will bind himself towards the cocontracting party.
84 The promisor is liable in damages towards the cocontracting
party if the third party does not bind himself.
§ - 5 Stipulation in favour of another
85 A person may stipulate by contract for the benefit of
another.
86 The stipulation gives rise to a direct right against the
promisor in favour of the third party beneficiary.
87 The third party beneficiary must exist at the time of the
stipulation, subject to express provision of law.
88 A stipulation may be revoked as long as the third party
beneficiary has not advised the stipulator or the promisor of
his will to accept.
89 The stipulator alone may revoke a stipulation.
However, he may not revoke a stipulation to the detriment
of the promisor who justifies his interest in maintaining
the stipulation.