Landmarks regarding the damage in the Romanian new civil Code
Landmarks regarding the damage in the Romanian new civil Code

Summary/Abstract: Civil liability represents one of the most interesting fields, not only for its generality and multitude of applications, but also for the numerous fluctuations and metamorphosis suffered during time. The statement (made on the grounds of the interrogations regarding the epistemological fundament of civil liability) is completely certified within the new regulation background that became active, in the Romanian law, starting with the year 2011. Following the tradition, the new Romanian Civil code maintains the distinction between the contractual and non-contractual liability, distinction that was also established in the previous code. The obligation to fully repair the damage is common to both forms of civil liability. The statement “the principle of integral reparation is common to contractual obligations and to the obligations born from torts […]”1 remains current. Within the contractual liability, the new Civil code mentions “the creditor is entitled to the integral reparation of the damage occurred due to non-fulfillment” (Article 1531 C. civ.). The components of the reparable damage, from the perspective of the principle of integral reparation, are: the loss suffered and the unrealized income; expenses made by the victim in order to avoid or limit the damage; the loss of chance within the new Romanian Civil code. The reparation in natura is the activity to remove the damage, using practical methods and procedures which, according to the specific and seriousness of the damage, are able to lead to the greatest extent to the enforcement of the principle of integral reparation and to the restoration of the previous situation of the damaged person. The compensation of the non-patrimonial damages is a complex operation that includes two stages: first, the moral loss is evaluated under all the negative aspects suffered by the victim and then, in relation to this, compensation is assessed. The ascertainment of the non-patrimonial damage and the assessment of the compensation follow peculiar criteria.

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