Interposition of third parties in the contract.

Summary Antinomian seems to be the most appropriate expression to express the relationship between the notions of third party and contract. However, this approach must be transcended since objective law offers third parties various legal techniques enabling them to integrate the contract. The theme of third party mediation in the contract finds its most complete expression in the figure of the change of contracting party. Nevertheless, it is dependent on various legal operations involving three persons. Indeed, each of these techniques claims to constitute the legal node of the figure of the change of contractor. However, it is not a question of looking for the existence of an original mechanism of replacement of the contractor at the formation of the contract and/or at its execution. The purpose of this contribution is to propose a new basis for these operations. The concept of interposition has the capacity to subsume all these techniques. Drawing its sources from financial law, it is the legal expression of the phenomenon of the integration of third parties into the contractual relationship and, more precisely, of the change of contractor. The purpose of this contribution is therefore to raise the notion of interposition to the level of an autonomous qualification. To do this, it is necessary to identify its contours and characteristics, and then to consider its legal regime.