DISCUȚII CU PRIVIRE LA ACȚIUNEA OBLICĂ, MIJLOC DE CONSERVARE A CREANȚEI ÎN ACCEPȚIUNEA VECHIULUI ȘI NOULUI COD CIVIL ROMÂN ȘI FRANCEZ. ASEMĂNĂRI ȘI DEOSEBIRI CU ACȚIUNILE DIRECTE

The oblique action is a means of preserving the claim that has been regulated both in the sense of the new Civil Code and in the sense of the old Civil Code. The new regulation, however, brings some improvements to clarify the conditions and effects of the oblique action. At the same time, the notion of general pledge of creditors is replaced by the notion of joint guarantee. As such, a study on the effects and conditions of the oblique action is extremely useful, especially as it is compared with the provisions of the new French Civil Code. Through this paper we have understood to deal with a very important and up-to-date subject as it is a means of protecting the claims at the disposal of any creditor. At the same time, the parallel with the direct actions comes to clarify the confusion that has been created many times in both doctrine and judicial practice between the two legal mechanisms.