Estipulación a favor de un tercero.

Abstract

The stipulation in favor of a third party is a legal figure that is found in article 1465 of the civil code, it has relation and agreement with the commercial code, company law, notarial law, stock market law, constitution of the Republic of Ecuador and other laws. This makes us see the principle of legal certainty in contracts and in their relevant clauses in which by mutual agreement both the stipulant and the stipulated consent to this type of contract between two persons legally able to contract. The stipulation in favor of a third party can also be given between a legally capable person and a minor, be this neonate, boy, girl, imputer, adolescent, minor adult, and it serves to benefit either economic or health. These types of contracts generally apply to medical insurance in which the father, mother, executor, guardian, family member wants to protect the minor who is not legally able to contract and pays health insurance in favor of a third party, in These special cases do not require the authorization of the minor. Regarding the economic aspect, the minor will always have the benefit in this type of stipulation and can even be given in a testament based on legal doctrine, in the case of adults must expressly or expressly accept acceptance in otherwise, the stipulation contract would fall into the void of nullity since someone can stipulate in favor of a legally capable third party, property be this furniture or real estate, actions, which may be questioned its legal provenance and the stipulated would be complicit and concealing a Illicit action being able to be involved in the legal figure of money laundering, among others. The objective of this thesis is to show the legislator and society the benefits and shortcomings that can be presented on the stipulation in favor of a third party.