Dreptul la repararea prejudiciului cauzat printr-o faptă ilicită extracontractuală
The right to compensation for the damage caused by an
unlawful extra-contractual act
Author(s): Florin ManguSubject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: tortious liability; right to compensation of damage; declaratory court decision; material damage; moral damage;
Summary/Abstract: From the day when all the conditions of tortious liability are met, according to the specific case of liability, the right to reparation is born in the victim’s patrimony, along with the correlative obligation in the responsible person’s patrimony. In order to allow satisfaction, the victim’s claim will have to fulfil, at the specific moment, all the exigencies demanded by the envisaged legal action. The final court judgment condemning the responsible person to compensate the damage, in kind or by money, has a declaratory nature, as it recognizes, de facto and de iure, the victim’s right of claim, with retroactive effect, from the day when all the conditions of tortious liability have been met, even if, following the court judgment, the victim’s claim becomes owing and/or due.
Journal: Revista Română de Drept Privat
- Issue Year: 2017
- Issue No: 03
- Page Range: 184-202
- Page Count: 12
- Language: Romanian
- Content File-PDF