Scurte consideraţii referitoare la natura juridică a acţiunii directe în garanţie pentru vicii ascunse a subdobânditorului împotriva antreprenorului

dr. Dominic Alexandru GIDRO

Avocat - Baroul Cluj

ABSTRACT

The direct action in the guarantee for hidden vices is still a new subject in the legal doctrine and especially in the Romanian judicial practice. At present, judicial practice has not committed such an action, although the issue has been debated, both in the doctrine of the old Civil Code, and especially in the doctrine of the new Civil Code. What is even more surprising is that the legislator understood to directly regulate such direct action in the case of the guarantee for eviction, without regulating it in the case of the cover for hidden vices. If technical and legal issues seem relatively simple in the case of direct action for hidden vices against a previous vendor or first seller, things get complicated when it comes to direct action in hidden vices against the contractor. The...