Origin and evolution of the stipulation for another. Its effects in relation to the direct actions in the consideration of the new Civil Code Cover Image
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Originea și evoluția stipulației pentru altul. Efectele sale în raport cu acțiunile directe în considerația noului Cod civil
Origin and evolution of the stipulation for another. Its effects in relation to the direct actions in the consideration of the new Civil Code

Author(s): Dominic Alexandru Gidro
Subject(s): Law, Constitution, Jurisprudence
Published by: Uniunea Juriștilor din România
Keywords: direct action; stipulation for another; third party beneficiary; successor; legal basis;

Summary/Abstract: Stipulation for another and direct actions are two topical legal mechanisms that, although in theory are clearly explained, the judicial practice is hesitant in their application. At the same time, due to the multitude of similarities regarding the effects of these legal mechanisms, a confusion has been created in numerous situations both in terms of their legal meaning and their applicability. As such, a comparative study of the two legal notions contributes and facilitates the substantiation in law of the stipulation for another and of the direct actions, but also the way of application in the judicial practice. In the present study we mainly focused on presenting the origins of the stipulation for another, but also on its application over time, so far, concluding with a comparison with the direct actions, regarding the main effects of the two legal mechanisms. We hope that the judicial practice will outline in time a more effective differentiation of the two notions with a wide spread in the fields of law.

  • Issue Year: 2017
  • Issue No: 11
  • Page Range: 18-35
  • Page Count: 18
  • Language: Romanian