DISCUȚII ÎN LEGĂTURĂ CU ACȚIUNEA DIRECTĂ A LOCATORULUI ÎMPOTRIVA SUBLOCATARULUI ÎN REGLEMENTAREA NOULUI COD CIVIL

The direct action is a means to settle debts, created in order to protect privileged creditors. Thus, such action must be expressly provided by law. With regard to the lease contracts, the new Civil Code brings a new element, regulating the right of the lessor to hold the sub-lessee liable for the payment of the rent or for the failure to enforce the contract. As the right conferred to the lessor represents a new element within the Romanian doctrine, there is a necessity to perform an extended study of the direct action derived of the lease contract. This study tackles a general analysis of the direct action of the lessor against the sub-lessee from the perspective of the new Civil Code. Furthermore, there are references within the text regarding the old stipulation in relation to the new one. Last but not least, there will be constant references to the French doctrine as well as to the de lege ferenda propositions for the amendment of the texts within the new Civil Code.