Natura juridică şi fundamentul acţiunii directe a expeditorului şi a destinatarului transportului împotriva transportatorului substituit
The Legal Nature and the Basis of the Direct Action of the Addresser and of the Recipient of the Shipment against the Substitute Carrier

Summary/Abstract: Although the issue of carrier liability has been extensively addressed in the Romanian doctrine, the liability of the substitute carrier has not received the same attention, especially in the light of the new Civil Code, expressly governing the contract of carriage and the substitution of the carrier. As such, it is imperative to treat a sensitive subject, namely the liability of the substitute carrier. In addition, in order to be able to carry out the liability of the transporter in a concrete and robust manner, the legal nature and the basis of the sender's action as well as the addressee must be determined in advance. Is it a direct action or a stipulation for another? In this study we tried to bring arguments in favour of and against both theories, the balance tilting towards one of them. As a consequence, we appreciate the fact that the study will come to the aid of all practitioners and, not least, even to theoreticians or those who are passionate about legal issues.

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