Between Entrepreneurship and Law - Direct Action in the Matter of Contractor Agreement in the New Romanian Civil Code
Between Entrepreneurship and Law - Direct Action in the Matter of Contractor Agreement in the New Romanian Civil Code

Summary/Abstract: The phrase direct action is the product of case law. If in the old Romanian Civil Code of 1864 there was no article of law to make reference to this expression, but only two derogations in articles 1488 and 1798 pointed out, the new Romanian Civil Code- entered into force on 1 October 2011 and considered one of the significant milestones of the legislative reform unparalleled in Romania's juridical history of the past twenty- five years, after the fall of communism- allots the notion two articles- no. 1856 and 2023 and, moreover, article 1807 stipulates the actions that may be taken against a subtenant. Apart from the fact that the concept is defined according to the old Romanian Civil Code, with some references to the old Romanian Civil Code, and compared with other countries’ way of considering the institution of direct action, the paper approaches a case of its practical application allowed by Romanian law- direct action in the matter of contractor agreement.

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