Acţiunea oblică în noul Cod civil

Dumitru DOBREV

ABSTRACT

This article is an in-depth study of the Romanian and French interwar and postwar doctrine with reference to the oblique action, but from the perspective of the new Civil Code. Since the text of art. 1560-1561 NCC which regulates this action is similar to that of art. 1623-1630 of the Civil Code of Quebec, we have also tried to relate it to the doctrine and case law of this Canadian province. We have also analyzed the judicial practice which is quite scarce in this matter, using the most comprehensive databases available at present. The study contains an analysis of the oblique action in commercial matters, which is commonly absent in the classical analyses of civil law authors.

Keywords: oblique action, subrogatory action, art. 1560-1561 NCC, preserving the debtor’s patrimony, debtor’s passivity, rights strictly relating to the debtor

REZUMAT

Acest studiu valorifică în detaliu toată doctrina românească şi franceză inter- şi...