Stipulaţia pentru altul în raport cu cesiunea de contract în dreptul civil român. Perspective din dreptul comparat

dr. DOMINIC-ALEXANDRU GIDRO^*

* e-mail: dominic@gidro.ro

Avocat - Baroul Cluj

ABSTRACT

The stipulation for another is a legal mechanism specifically regulated for the first time in the new Civil Code. Previously, this was a creation of doctrine and jurisprudence, although historically the origins of this legal mechanism date back to the Roman Empire. Although initially prohibited, judicial doctrine and practice have reached a consensus regarding the necessity of the existence of a complete legal framework regarding the application of the stipulation for another, the more so since its practical existence is undeniable, as is the necessity of the legal mechanism in contemporary practice. Both in theory and in practice, we can find similarities and differences between stipulation for another and assignment of contract. Therefore, although since the entry into force of the new Civil...