Paza juridică a minorului din perspectiva fundamentării obiective a răspunderii civile delictuale a celor care exercită supravegherea lui
Minor’s legal guardianship in terms of objective substantiation of tort liability of those charged with his tutelage

Summary/Abstract: “Cohabitation” of the minor with his parents is seen nowadays, in doctrine and jurisprudence, as a prerequisite for tort liability commitment against repairing damages caused. The new Civil Code failed to keep the provisions relating to “common dwelling”. In the study hereby the author suggests to approach this issue in terms of objective substantiation of civil liability, finding that tutelage of the minor child stands actually for his “guardianship”. On these lines, it is considered that, in terms of liability commitment, guardianship of the minor is a ruling and necessary requirement aimed to ensure compensation for damage caused by minors. In the final part, there are some suggestions de lege ferenda put forth in relation to provisions of par. (1) and (3) of Art. 1372 in the new Civil Code.

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