Acţiunea directă a subdobânditorului împotriva primului vânzător în contextul noului Cod civil
Direct action of the sub-buyer against first seller in the context of the new Civil Code

Summary/Abstract: In the legal practice, there are numerous questions arising from the interpretation of the sale agreement, especially in relation to its effects. A further study related to the effects of the sale agreement on sub-buyers, in the sense of the new Civil Code, is as claimed as necessary. The study that we have worked out aims at the effects of warranty against eviction and against hidden defects for sub-buyers.We tried to summarize the main elements and the mechanism of the direct action based on liability or in warranty of sub-buyers against the first seller. At present, such a direct action is not expressly regulated in the Code. It remainsto be seen whether it will be accepted or not, as the lawmaker shall be obliged to regulate it.Nevertheless, we conclude that the sub-buyers’ right to call the first seller in warranty against eviction or hidden defects is undisputable, and for this reason we only hope that, in the future, this study itself may have a significant contribution to the introduction of the direct action in warranty in the new Civil Code.

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