9-2-20. Parties to actions on contracts; action by beneficiary.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

(a)
As a general rule, an action on a contract, whether the contract is expressed, implied, by parol, under seal, or of record, shall be brought in the name of the party in whom the legal interest in the contract is vested, and against the party who made it in person or by agent.#
(b)
The beneficiary of a contract made between other parties for his benefit may maintain an action against the promisor on the contract.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Orig. Code 1863, § 3181; Code 1868, § 3192; Code 1873, § 3257; Code 1882, § 3257; Civil Code 1895, § 4939; Civil Code 1910, § 5516; Code 1933, § 3-108; Ga. L. 1949, p. 455, § 1.

Law reviews

For article discussing third party beneficiary contracts, see 4 Ga. B.J. 19 (1941). For comment on Veruki v. Burke, 202 Ga. 844, 44 S.E.2d 906 (1947), see 10 Ga. B.J. 369 (1948). For comment on Harris v. Joseph B. English Co., 83 Ga. App. 281, 63 S.E.2d 346 (1951), see 13 Ga. B.J. 462 (1951). For article, “Multiple Party Accounts: Georgia Law Compared with the Uniform Probate Code,” see 8 Ga. L. Rev. 739 (1974). For note discussing transfer fees in home loan assumptions in reference to the Georgia usury laws, see 9 Ga. L. Rev. 454 (1975). For annual survey on construction law, see 71 Mercer L. Rev. 57 (2019).

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t9-ch1-10-(v6)-2023-pdf.pdf, Volume V6, 2023 edition, page 53; merge action: carried; file SHA-256 ea8a520ad52f.