Tabloul general al rãspunderii civile în textele noului cod civil
Overall picture of civil liability in the new civil code texts

Summary/Abstract: As you would expect, the new Civil Code, which was adopted in 2009 and may become effective on 1 January 2011, provides a sufficiently careful regulation of the civil liability institution, as well. The legal location of the matter is in Book V “Liabilities”, Title II “Sources of liabilities”, Chapter IV, named “Civil liability”, art. 1349-1399. The special rules applicable to contractual liability are also located in Book V, Title V, Chapter II “Enforcement of liabilities”, sections I-IV, art. 1516-1548, in particular section IV „Enforcement by equivalent” (art. 1530-1548). The study begins with a careful presentation of the conception established in the New Civil Code in relation to the theory of duality and the theory of unity of civil liability. The author reaches the conclusion that the drafters of the texts under discussion accepted and implicitly established an intermediary conception, according to which the civil liability is unique in its essence and dual, as regards its legal system, namely in tort and contractual. In other words, the civil liability is a single unique, but non-unitary institution.

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