Un prejudiciu – câte căi de realizare? Despre concursul dintre acţiunea în răspundere civilă contractuală şi acţiunea în răspundere civilă delictuală
One harm – how many ways to do it? On the conflict between actions in contractual civil liability and actions in tort or delict

Summary/Abstract: When one party in a contractual relationship fails to perform an agreed obligation, the aggrieved party suffers a harm. The common law remedy to cover this damage is an action in contractual civil liability against the debtor of the obligation. If this route fails for various reasons, the injured company has, however, at its disposal various other procedural remedies to cover the damage, remedies made available by commercial law outside the Code. One of these remedies is an action in tort against the debtor's associates, who, in the event of fraud, are liable without limit. Among all the actions available to the creditor with an unsatisfied claim, there are no conditions and interdependencies established by law, and the creditor may choose the legal path that it considers favorable.

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