Prejudiciul în prezenţa cauzelor justificative
Damage in the cases of justificatorz cases

Summary/Abstract: The new Civil code does not define self-defense and does not show its conditions, so that we resort (as it was also done under the aegis of the 1865 Civil code) to the provisions on the matter of the current Criminal code. In the presence of this case that removes the unlawful character of the act, the author is not compelled to repair the damage caused to the victim. In the event when the limits of the legitimate defense were exceeded by committing an offense, the victim is entitled to an adequate and equitable compensation. The Civil code regulates the effects attached to the state of necessity. The state of necessity is currently defined within the Criminal code, in the chapter dedicated to the cases that set aside the criminal character of the action. The person that acts in order to save from an imminent danger that could not be removed otherwise, his life, corporal integrity or health or that of others, or an important good of his own or of another or a general interest, if the consequences of the act are not obviously more serious than those that would have occurred if the danger had not been removed, is not compelled to compensation. The disclosure of trade secrecy in circumstances imposed by public health or safety is assimilated to the state of necessity. The one that commits the act while performing an activity imposed or permitted by law or during the execution of the superior’s order, will not repair the damage. And the normal exercise of a subjective right is not likely to bring about the author’s liability; only the abusive exercise of the right entitles the victim to civil compensation.The victim’s consent, prior to the wrongful act, sets aside the liability. Expressed through a convention or a unilateral act, this consent represents a disclaimer as the act lacks illicit character. Disclaimers regard both conventions and unilateral legal acts (Article 1355 paragraph 1). The regulation regards the contractual liability as well as the non-contractual one. The force majeure and fortuitous case are regulated within the same legal text, in the section entitled “Cases that exonerate from liability”. Vis maxima is defined in the new Civil code as an event that meets the following characteristics: is external, unpredictable, absolutely invincible and unavoidable. Casus is defined in the new Civil code as an event that cannot be foreseen or avoided (by the one that would have been held liable if it wasn’t for the event). In the legislator’s opinion two characteristics are significant in order to be in the presence of the fortuitous case: unpredictability and invincibility. The act of the victim or of the third party, in certain conditions, frees from civil liability.

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