DREPTUL VICTIMEI LA REPARAREA PREJUDICIULUI ÎN CADRUL RĂSPUNDERII DELICTUALE. PRIVIRE CRITICĂ. DREPT COMPARAT
VICTIM’S RIGHT TO INJURY REPAIR IN DELICTUAL LIABILITY. CRITICAL AND COMPARATIVE PERSPECTIVE

Summary/Abstract: “All and any prejudices entitle to reparation”. This is the first normative enunciation which the current Civil Code sets forth in art. 1381 par (1) in terms of prejudice reparation for delinctual liability. It surfaces several fundamental questions which the civil law doctrine has always raised, offering each time temporary answers. Nowadays, when the human capacity to cause prejudices is much greater than the capacity to repair them, when we witness an inflation of rights of which breach causes more and more prejudices aspiring to a reparation, such an enunciation is equally daring and challenging. Our intention is to analyze several solutions laid down by the current regulation, from a critical and comparative perspective, meant to give emphasis to failures of the new normative provisions, with the stated goal of contributing, either to a future review or a rational interpretation of the normative texts under discussion, towards a most unitary jurisprudence.

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