Dreptul la acţiune în obligaţiile plurale
Right to action in joint & several obligations

Summary/Abstract: Plural action is the action with multiple claims, related either to the active or to the passive side. Plural action is justified by making the procedure simpler and more efficient and corresponds in many situations to the plurality of obligations, the right to action, which is treated by the present study, affecting the way the process is managed. Plural action follows the regime of the divided right of the obligation in several obligations, of joint obligations (by solidarity or indivisibility), in the substantive law. To the extent that the object is multiple, from the procedural point of view, there are no differences of legal regime or specific rules but this plurality goes beyond the purpose of the study. Also, between the passive and the active procedural participation, there is a difference of applicability but not also of interest of applicability. Class action, one of its applications, brings most challenges at the practical level, due to insufficient regulation. In the absence of effective regulations in practice in the continental law systems, the American model stands as reference for the Romanian law inclusively, and the challenge of adapting the solutions adopted in common law to Romanian law is the element of attraction of this matter.

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