Statutul actual al acţiunilor directe

Rezumat

The notion of direct action aims at an exception mechanism. Its relationships with the relativity of the effects of the contract shall further be tense and controversial. The study below aims at identifying which are, in the current regulation, the scope, the conditions and effects of the direct action. The presumption from which this research starts is that the reader is already acquainted with the notion of direct action as it is understood by the Romanian doctrine according to the ancient Civil Code. The current concern aims at a present circumscription of the direct action and questions the actual possibility to define it by reference to the domestic law and to the European private law. The conclusion with current and prospective value is triple: the direct action is and shall further be an exceptional mechanism (a remark applicable to the proper direct actions), is and shall further be a mechanism of general application (for the “false” direct actions), while, in the European law, it is likely to have, for a long time, a quasi complete lack of legal sense of purpose.