REFERINŢE ŞI DILEME PRIVIND NATURA PROCESUAL CIVILĂ A ACŢIUNII OBLICE ÎN CONFORMITATE CU LEGISLAŢIA REPUBLICII MOLDOVA

Lora BADAN-MELNIC Catedra Ştiinţe Administrative

Rezumat

This study represents a relatively complex treatment of indirect claim in its procedural sense and seeks to highlight those concerns that may waken the formulation of such actions in court. For an introductory approach we propose one of the definitions of civil action in general, as a genre concept in which is framed the oblique action. The civil action represents that legal way of protection by judicial restraint of civil rights violated or interests protected by law by which a legal entity, person or entity, require to the competent judicial authority to recognize a preexisting subjective right or provision of new legal cases or termination of the obstacles put in the exercise of his right by another person, or payment of compensation when the establishment and enforcement of such obligations is necessary in order to achieve that right. Starting from these conceptual premises is follow to be treated oblique action, since it can not be conceived outside the genre and is not to be an exception from what is the legislation of Republic of Moldova provides. Being a relatively innovation for the legislation of Republic of Moldova, the oblique action knows at the moment a superficial and insufficient approach both in the Civil Code and in the literature. Even if the action is, clearly, a range of civil action and this institution is assigned to the civil procedural law, its regulation was exclusively done in material legislation, which generates a series of misunderstandings about the legal nature of this civil action and its essence is within the parameters of a typical civil action.