O nouă viziune asupra prejudiciului ca element al răspunderii civile delictuale
A new vision on prejudice as part of tort liability

Summary/Abstract: Compared to the old regulations of the Civil Code of 1864, the new Civil Code [1], through its regulations on tort liability, replaces a number of normative statements and updates the legal terminology, using a modern legal language. Currently guilt is no longer the sole base of the foundation of tort liability and the imperative of repairing increasingly detaches from the sanctioning of the person “guilty” of committing prejudice. It prompts new fundamentals such as warranty or risk. “This reconstruction of civil liability based on the prejudice is also felt in the Romanian law, in full harmonization with European law” [2]. Also we note the opinion according to which, “this guideline demonstrates that the central idea of tort liability is the full compensation of the damage and the punishment of the perpetrator is left on a second plan. The conviction of the tort crime indissolubly related to the author’s culpability or to the person civilly responsible became an inadequate idea for the conditions of the modern society” [3]. The conclusion that emerges from those few ideas presented above, is that it is more correct to use the phrase, “liability for damages caused by its own act” or “liability for damages caused by others” than, “responsibility for its own actions” or “responsibility for others actions” [4]. This aspect was not taken into consideration by the writers of the new Civil Code

• Details
• Contents