ESTE ACȚIUNEA FACTORULUI ÎMPOTRIVA DEBITORULUI CEDAT O VERITABILĂ ACȚIUNE DIRECTĂ?

Factoring is essentially a hybrid commercial operation that covers the elements of several legal
mechanisms, the most common elements being borrowed from the debt assignment mechanism.
However, the legislator did not consider it necessary to establish this legal operation in the contracts
covered by the new Civil Code. Moreover, factoring does not currently benefit from any express
regulation in Romanian law. Although, in the Romanian doctrine, we find references to a possible
direct action of the factor against the assigned debtor, the situation of this action is uncertain. In this
sense, we considered it opportune, but also necessary to formulate a brief analysis of what the
factoring operation means in general, as well as to establish whether or not the factor’s action covers
the elements of a direct action. In the Romanian doctrine and legislation we find only fragments of
texts regarding the factoring operation, therefore, an exhaustive analysis regarding the application of
factoring and even more so of the factor’s action cannot be performed. However, we hope that the
brief explanations we will bring will lead to an outline, at least general, of the factor’s action against
the assigned debtor.