Culpa – "eterna doamnã" a rãspunderii civile delictuale.
Fault – the “eternal lady” of tort liability

Summary/Abstract: This study intends to examine the content of fault in relation to the current stage of tort liability according to the present, as well as the future legal regulation. Ab initio, we specify the fact that, in our opinion, under the circumstances of modern society, the reshaping of civil fault by expressing the essence of the deviant nature of harmful behavior is required, independently of the author’s subjective attitude. The main objective of giving rise to tort liability is to repair the damage and, only in subsidiary, to punish the perpetrator who is guilty of the illicit action committed. Thus, we will try to prove the relevance of the theory of unlawfulness of the fault, which is used in the attempt to achieve the objectification of the foundation of tort liability. In our opinion, the element of accountability resides precisely in the abnormality of the individual’s prejudicial behavior, sometimes even in the absence of awareness of the consequences caused. Viewing the content of tort from this perspective, we believe the reparatory function of tort liability should be consolidated, for protecting the victims’ interests more effectively.

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