Legal Definitions - pour autrui

Pour autrui is a legal term, originating from French, that translates to "for others." In legal contexts, it refers to an action, agreement, or provision made with the express intention of benefiting a third party who is not directly involved in creating the agreement or performing the action. This concept is particularly relevant in contract law, where a contract might be formed between two parties but is designed to confer a benefit upon someone else.

Here are some examples illustrating the concept of pour autrui:

• Life Insurance Policy: Imagine a person purchases a life insurance policy, naming their spouse as the beneficiary. The contract is between the policyholder and the insurance company. However, the primary purpose of this contract is to provide a financial benefit to the spouse upon the policyholder's death.

  Explanation: The life insurance policy is created pour autrui (for the spouse), as its core function is to ensure financial support for the spouse, who is a third party to the initial agreement between the policyholder and the insurer.

• Construction Contract for Tenants: A landlord contracts with a construction company to renovate an apartment building. The contract includes specific clauses requiring the use of high-quality, energy-efficient windows and appliances, which will directly reduce utility costs and improve living conditions for future tenants.

  Explanation: While the contract is between the landlord and the construction company, the provisions regarding the quality of materials and amenities are made pour autrui (for the future tenants). These clauses are intended to directly benefit the tenants, even though they are not parties to the renovation contract.

• Charitable Trust: A philanthropist establishes a trust fund, stipulating that the annual income generated by the fund must be distributed to a specific local animal shelter to support its operations and care for animals.

  Explanation: The philanthropist creates the trust pour autrui (for the animal shelter). The trust's entire purpose is to provide a continuous financial benefit to the shelter, which is a third party not involved in the creation of the trust document itself.