Noul Cod civil. Acțiunile directe
New Civil Code. Cases of direct actions

Summary/Abstract: As we know, the New CivilCode brings forth important novelties interms of contract effects, some of thembeing regulated for the first time in theRomanian laws, as, for example thenotion of frustration of purpose or theone-sided contract termination. Wehereby would like to deal only with thetwo exceptions from the relativityprinciple of contract effects, naturallyfocusing on the new aspects introduced bythe New Civil Code, which deservespecial attention by the legal literatureand which will be later clarified by thecase law through the resolutions passedthereto. As far as we are concerned, webelieve that this approach, as seen inother cases, is really required only aslong as the debate makes a comparisonbetween the provisions of the old civilcode (abolished in 2011), which the legaladvisors were already familiar with, andthe sources of our new civil code. Beforetalking about the two exceptionsdescribed by the law, we must remind youthat, in the legal literature, there is noconsensus regarding the circumstancesthat constitute actual exceptions from therelativity principle of contracts. Therehave been doctrinary debates about thestipulation for a third party, representation, collective work contract,direct actions and even about the promiseof deed for a third party as real orapparent exceptions from the relativity ofcontract effects; the theories have been sovaried and frequently debated over theyears that, as they are very well known,we do not think it necessary to detail themherein, therefore we will only express thepersonal perspective of this article.

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