Direct action, activities in rem verso
"Direct action empowers the person or entity subcontracted to be used against the principal to ask you the fulfillment of the obligations assumed with the subcontract, as the person who contracts with another conducting certain benefits may go against the subcontractor for that to require compliance with them he took in front of the subcontract, if the principal has not complied with its obligations in the first case or the subcontractor has breached in the second. As the ruling highlights of this room 13th March 1997 and reiterated on 21 October 1999, this action is merely a form of exercising in rem verso ACTIO regulated purposes 4,26,12 and the general code that includes the Andorran order to prevent, for reasons of equity that takes the principle of relativity of contracts to the point of allowing them to produce an impoverishment of those who have fulfilled their obligations with the subsequent enrichment of those who have not done. "
Judgment of the Superior Court, Civil Division, dated 18/6/2009, speaker JM. April, Aunt 195/08
Tags: direct action , in rem verso ACTIO
