Cesiunea drepturilor şi obligaţiilor contractuale accesorii în accepţiunea dispoziţiilor art. 1282 alin. (2) din Codul civil

dr. DOMINIC ALEXANDRU GIDRO

Avocat - Baroul Cluj

ABSTRACT

Introducing Article 1282 (2) created a new dimension in the new Civil Code as regards the application of the groups of contracts, as well as the transmission of accessories with the main asset on the descending or even ascending line of the contract chain. At the same time, the text of the law is the legal basis for formulating a direct action in guarantee which, as we shall see in the present study, is in some cases complemented by other express texts of law referring to particular cases of transmission of a right to action within the group of contracts.

In the present study, we attempted to make a comparative analysis between the assignment of contract and the assignment of ancillary contractual rights or obligations, since, although the two transactions are similar, it also presents many differences that...