The lease is one of the most important and frequent legal operations that we find in the Romanian trade. However, the legislature did not consider it necessary to establish this legal operation within the contracts regulated by the new Civil Code.The direct action of the user is expressly regulated by art. 12 of O.G. 51/1997, but, unfortunately, we find only a few doctrinal points regarding this legal mechanism.In this re...

The subject of the direct action under the guarantee is a delicate and novelty in Romanian judicial practice, although the subject has been approached in the private legal space. The new Civil Code has brought an element of novelty by regulating the direct action under warranty for eviction, but not the direct action under guarantee for hidden defects. We have not yet been able to identify the reasoning behind this approach. This is why, in t...