The direct action of the workers – a part of the Contractor Agreement – in light of the new Civil Code Cover Image
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Acțiunea directă a lucrătorilor – parte într-un contract de antrepriză – în lumina noului Cod civil
The direct action of the workers – a part of the Contractor Agreement – in light of the new Civil Code

Author(s): Emilian Lipcanu
Subject(s): Law, Constitution, Jurisprudence
Published by: Uniunea Juriștilor din România
Keywords: contractor; subcontractor; worker; direct action; proposal “de lege ferenda”.

Summary/Abstract: The author aims to discern the will of the legislator, expressed in the text of the art. 1856 of the new Civil Code, titled marginally “workers’ direct action”. This approach has led to some recent doctrinal views by which the direct action is recognized to subcontractors as well, including those who have the status of legal entity. The author argues that the mentioned legal text has to be interpreted as meaning to the recognition of the direct action only to certain individuals, i.e. to workers and subcontractors-individuals (the latter under certain conditions: working alone or employing workers, working with them to achieve the work / to render the services). In the study, certain practical situations are brought to light, in which the question of determining the holders of direct action is raised, in case of the subcontractor agreements. The author considers as possible, “de lege ferenda”, regulating a direct action both in favour of the subcontractors-individuals using workers and in favour of the subcontractors-legal entities, but only for the price of work/rendering of services which excludes the price of the workers’ activity.

  • Issue Year: 2013
  • Issue No: 11
  • Page Range: 13-26
  • Page Count: 14
  • Language: Romanian