Calitatea procesuală activă şi pasivă în cadrul acţiunii directe în garanţie. Studiu de practică judiciară

dr. DOMINIC-ALEXANDRU GIDRO*

* e-mail: dominic@gidro.ro

Avocat

dr. STANCA-IOANA GIDRO**

** e-mail: stanca@gidro.ro

Avocat

ABSTRACT

The active procedural quality in the direct guarantee action is one of the basic elements of the legal mechanism, regardless of whether we are talking about the active or the passive one. At first glance, we would say that the mechanism of direct action in general should not create too much discussion about its protagonists. However, in legal practice there has been a confusion about the subjects of the direct action, which has led to the questioning of the creditor’s active procedural capacity within the legal mechanism. Through this study, we are trying to shed some light on the practical application of direct collateral action, but also on the interest and procedural quality of the creditor and the debtor within the legal mechanism.

Also, since the direct...