Corelația dintre ramurile de drept, formele răspunderii juridice și capacitatea de cogenerare reciprocă
Correlation between the branches of law, the forms of legal liability and the capacity of mutual cogeneration
Author(s): Lucian - Sorin StănescuSubject(s): Law, Constitution, Jurisprudence
Published by: Uniunea Juriștilor din România
Keywords: new forms of legal liability; new branches of law; capacity of mutual cogeneration; legal methodology.
Summary/Abstract: The legal epistemology justifies the interest of this study for the relations which are established between the notions of branch of law, of sub-branch of law, of legal institution, as well as their relations with the forms of legal liability which they regulate. In the problems of the dynamics of the relations between the branches of law and the forms of legal liability the rule is that every branch of the law knows or generates at least one form of legal liability. Starting with the theoretical challenge launched by Professor Antonie Iorgovan, regarding the elements that announce the appearance of a new form of legal liability within or outside a branch of law, the novelty proposed by this study consists in the approach of the inverse relation, precisely of the capacity of a new form of legal liability to generate a new branch of law, as well as its reception by a legal science of branch. The verification of the validity of the capacity of mutual cogeneration between the forms of legal liability and the branches of law will be achieved by means of the examples of the relations established between the ecological liability and the environmental law, the objective liability and the insurance law, the managerial liability and a possible managerial law on the ground of legal methodology.
Journal: Revista „Dreptul”
- Issue Year: 2017
- Issue No: 09
- Page Range: 49-77
- Page Count: 29
- Language: Romanian
- Content File-PDF