Challenges of the Knowledge Society (Jun 2023)
THEORETICAL AND PRACTICAL ISSUES CONCERNING THE RECOGNITION OF THE RIGHT OF A LEGAL PERSON TO BRING A DIRECT CLAIM BASED ON ART. 1856 CC
Abstract
A direct claim is a situation in which, according to the law, a person, called the plaintiff, sues another person, called the defendant, with whom he is not in a contractual relationship, the former being in a contractual relationship with another person, with whom the defendant is also in a contractual relationship. In other words, the right of direct claim recognizes, in those cases expressly and restrictively provided for by law, the possibility for the creditor to claim enforcement of his claim directly from a debtor of his debtor, even though the creditor was not a party to the contract concluded between his debtor and the debtor. Direct claim is a remedy for unfair consequences arising from the rigidity of the principle of the relativity of contract effects. This paper aims to point out the main arguments and to present the case law on the subject, for which the right of legal persons to a direct claim based on the provisions of art. 1856 CC is recognized. The case law interpretation of the article in question shows a modern vision applied to the current economic and social reality.
