Persistent Rights and Third Party Effects in Private Law

A core task of private law is to determine the degree to which the terms of a transaction between A and B, whereby a right arises in favour of B, can affect strangers to that transaction. The relevant rules of private law thus govern what we will term the ‘third party effect’ of the A-B transaction. ... Our focus is on the different forms private law employs in discharging this function of determining the rights of A, B and C. Our goal is to show the variety of different means by which the law controls and determines this aspect of third party effect.

A paper is available on application to getzler@nexus.ox.ac.uk