Reimbursement of expenses incurred
by participants in a clinical trial.
Delegation is defined as “an operation by which one person, the delegator, obtains from another, the delegate, an obligation to a third, the delegatee, who accepts him as a debtor“.
This definition shows that delegation is made up of two components:
– the order of the delegator to the delegate ;
– the commitment of the delegate to the delegatee.
Delegation is always tripartite. It requires the consent of the delegator, the delegate and the delegatee.
In relation to a payment obligation, delegation consists of the operation whereby a debtor (the delegator) requests a third party (the delegate) to pay his creditor (the delegatee) directly.
Sources: Extract from Articles 1336 to 1340 of the Civil Code
Transposed to the world of clinical research, this would imply that the delegation is clearly signed by the participant and therefore would give direct access to the full name of the signatory, the participant…
It is therefore easy to understand that this is not the way to go. Especially since a tripartite delegation with only two signatures is not compliant, the contract does not exist
