Overview of the reparation of personal injuries caused to personal integrity
Overview of the reparation of personal injuries caused to personal integrity

Summary/Abstract: The right to physical and moral integrity is one of the rights intimately attached to the human person, expressing the quintessence of the personality. The new Romanian Civil Code regulates for the first time, in terminis, the right to integrity as right of personality, within the triad right to life – right to health – right to integrity. The violation of the right to integrity represents the source of the personal injury (the direct victim’s damage) and of the indirect damage (occurred to third persons). The two principles that govern the reparation of the damage are the known ones: the integral reparation (that involves the removal of all harmful consequences of the illicit act) and the reparation in natura (through means capable of restoring the previous situation of the victim). The new civil regulation consists of provisions on the pecuniary side of the direct victim’s damage: health care costs and the expenses determined by the living increasing needs of the injured, as well as any other pecuniary damages (damnum emergens) and the equivalent of the income from work that the damaged one was deprived of or is unable to obtain, as a result of the effect of his loss or reduction of work capacity (lucrum cessans). The court has the possibility of awarding also a temporary compensation for the covering of urgent needs. Two legislative novelties regard the fact that the reparable damage also includes the expenses the victim had to bear in order to avoid or limit the damage. Another novel provision is the compensation for the loss of chance, proportional with the probability of gaining the advantage. The non‐patrimonial damage resulted from the injury brought to the integrity of a person is compensable, in the form of the recreational damage (the restraining of the possibilities of family and social life) and the indirect damage. The express regulation of the reparation of the non‐patrimonial damage is welcomed, since the previous Civil Code, only by means of interpretation, allowed the compensation of the non patrimonial damage.

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