Imputarea răspunderii juridice
în relaţiile juridice reglementate de dreptul internaţional
mputation of legal liability
in legal relations governed by international law
Author(s): Dana-Maria DiaconuSubject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: liability; responsibility; imputation; primary obligations; secondary obligations; relation; conduct; sanction
Summary/Abstract: The purpose of this article is to study the mechanism of establishing liability in legal relations governed by international law. The theoretical scheme of this mechanism involves the establishment of two legal states: (1) a legal description (the unlawful and imputable act) – responsibility, (2) the implication of the latter qualification on the conduct of the responsible state – liability. This scheme, simpler then the one used in national law, allows a clear view of the word "imputation" of liability, a relationship which links a sanction to an unlawful act – relationship difficult to conceive in classical legal traditions, where the liability mechanism is "loaded" with questionable legal concepts, such as the causal connection between the wrongful act and the result produced by the action.
Journal: Analele Universității de Vest din Timișoara - Seria Drept
- Issue Year: 2013
- Issue No: 2
- Page Range: 22-35
- Page Count: 10
- Language: Romanian