EL CONTRATO A FAVOR DE PERSONA POR DESIGNAR: SU RÉGIMEN JURÍDICO, EL EJERCICIO DE LA FACULTAD DE DESIGNACIÓN Y SUS EFECTOS.

Abstract

There exists in contract law a concept wherein one of the parties to a contract, termed «the stipulator», states to the other, «the promisor», that he enters the contract «for himself or for a person» yet to be appointed. That is, the stipulator reserves the power to appoint a third person at some later time within the established deadline. This appointee will then become a party to the contract in the stipulator's place and assume the stipulator's rights and obligations under the contract, whereupon the stipulator is released from the legal relationship. A close look is taken at the current points of legal and economic interest this concept has to offer, the problems of its legal nature, the exercise of the power of appointment and the effects of the contract in its different states, in the pendency phase as well as after the appointee's selection.