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''Tertius'' is the Latin word for "third", or "concerning the third". The term is used in contract law to refer to an interested third party not privy to a contract. In the English Common Law system there is no recognition of the principle ''ius quaesitum tertio'' (a right in the third party to enforce performance) whereby a third party may enforce a promise due unto it under a contract to which it is not a party.〔For a further discussion, see the matter of Beswick v. Beswick and the plaintiff's successful attempt to enforce a right to a ''tertius'', circumventing the privity doctrine.〕 However, in several legal systems, including U.S. and Scots contract law, this does not bar parties to a contract from specifying that a third party is to be a beneficiary of such contract.〔http://slcc.strath.ac.uk/scotslawcourse/contract/con2/start/iqt.htm 〕 Rights, particularly in property, that ordinarily do accrue to a third party are termed ''jus tertii''. ==References== 〔 fr:Tertius 抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)』 ■ウィキペディアで「Tertius (law)」の詳細全文を読む スポンサード リンク
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