Discussions with regard to the oblique action, a means of preserving the claim in the sense of the new and old Romanian and French Civil Code. Similarities and differences in respect of direct actions Cover Image
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Discuții cu privire la acțiunea oblică, mijloc de conservare a creanței în accepțiunea vechiului și noului Cod civil român și francez. Asemănări și deosebiri cu acțiunile directe
Discussions with regard to the oblique action, a means of preserving the claim in the sense of the new and old Romanian and French Civil Code. Similarities and differences in respect of direct actions

Author(s): Dominic Alexandru Gidro
Subject(s): Law, Constitution, Jurisprudence
Published by: Uniunea Juriștilor din România
Keywords: oblique action; direct action; joint guarantee; creditor;debtor;

Summary/Abstract: The oblique action is a means of preserving the claim that has been regulated both in the sense of the new Civil Code and in the sense of the old Civil Code. The new regulation, however, brings some improvements to clarify the conditions and effects of the oblique action. At the same time, the notion of general pledge of creditors is replaced by the notion of joint guarantee. As such, a study on the effects and conditions of the oblique action is extremely useful, especially as it is compared with the provisions of the new French Civil Code. Through this paper we have understood to deal with a very important and up-to-date subject as it is a means of protecting the claims at the disposal of any creditor. At the same time, the parallel with the direct actions comes to clarify the confusion that has been created many times in both doctrine and judicial practice between the two legal mechanisms.

  • Issue Year: 2017
  • Issue No: 12
  • Page Range: 19-42
  • Page Count: 24
  • Language: Romanian