Distincţii terminologice neproductive operate de Noul Cod civil român
Counterproductive Terminological Distinctions Operating under the New Romanian Civil Code

Summary/Abstract: The apparatus of Formal Legistics, through the drafting of certain laws in a manner that is simple, clear and precise, ensures judicial security based on normative predictability. The better the law is drafted, the more the justice system is able to foresee its subsequent effects, and its formal qualities facilitate a restriction of meanings within the law itself, applicable to the judiciary authorities meant to enforce it. The principle of clarity of law is a constitutional norm: a law drawn up using a vague and imprecise terminology, will leave law enforcement authorities in a state of manoeuvrability that endangers the safeguarding of rights and liberties. The present study aims at establishing an inventory of inconsistent terminology used in the New Civil Code, while at the same time expounding, from a grammatical interpretation standpoint, the semantic differentiations between certain structures of terminology and their subsequent impact(s) on the interpretation of the legal text. Among the terms analysed in the present study we find: prejudice, injury, damage or infringement; to injure, damage, harm – synonyms among which the Civil Code distinguishes arbitrarily, and in addition, the dissimilarity between goods, things, and objects operated in the New Civil Code.

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