Third parties in the Russian Federation law of obligations

The article considers the category of a third party in the law of obligations in terms of the impact of a third party on the dynamics of civil obligations. It is noted that in the theory of the law of obligations there is no unified approach to the understanding of a third party due to the mixed approach of the legislator to the use of the term "third party" in legislation. The author covers the definition of a third party; selects an essential attribute of a third party which can be used to separate a third party from "other" persons. This attribute is an interest of "other" persons, which is an obligatory prerequisite for their interference into the obligation. Prior to the realization of the interest a third party remains a potential third party. And only after exercising an interest by their actions "other" persons become a third party in the legal relations between the promisor and the promisee. The interest of third parties always lies outside the obligation purpose, but its realization within this obligation is a means of fulfillment of the creditor's or debtor's interests. Transformation of the legal person to a third party in any given obligation undergoes two stages: the first stage is related to the emergence of the interest and leads to the appearance of a potential third party; the second is related to the pursuit of the interest by a third party, which affects the dynamics of the obligations when a potential third party becomes a real third party. Thus, the exertion of the interest by a legal person is a sufficient and necessary condition for the acquisition of the legal status of a third party by "other" persons. Based on the analysis of the legal status of a third party in various obligations, the author makes a conclusion regarding the necessity of distinction between two types of third parties: as a participant of an obligation and as a non-participant of an obligation. The formula based on one of two patterns - the model of "realization of the interest of a third party" or the model of the "impact on the interest of a third party" - is used to distinguish between two types of third parties. A third party in the dynamics of a civil obligation is a party to the obligation, other than principal parties, but it has an interest (lying outside this obligation) whose realization affects the dynamics of the obligation. The interest of a third party as a participant of the obligation is a motivation of this third party to receive a benefit, which is not related to the main purpose of the obligation as well as with the interests of principal parties.

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