ON THE POSSIBILITY OF STAKEHOLDERS TO DEMAND THE PERFORMANCE OF SUSTAINABLE CLAUSES CONTAINED IN CONTRACTS BETWEEN BUSINESS AGENTS

Companies incorporate sustainability clauses in commercial contracts with other business organizations, in order to implement long-term social responsibility in business operations. These provisions generally do not grant sufficient coercive power for their enforceability, and, furthermore, make reference to external third parties (stakeholders) who may be affected by the commercial operation. This study aims to determinate if it is possible to reinterpret the stipulation in favor of a third party and the opposability of contracts by third parties in Chilean contract law to provide effectiveness to sustainability clauses regarding those who are not party to the agreement but are benefited by their observance. Accordingly, the hypothesis of this research is that stakeholders, as third-party beneficiaries of contractual clauses incorporated in the field of corporate sustainability, may enforce them as this allows for the achievement of the contract’s purpose or claim damages in the field of tort liability, as they are recognized a legitimate interest in CCS’ fulfillment.