The reparation of moral damages suffered by individuals and legal persons during and after the comunist period. A study on doctrine and jurisprudence
The reparation of moral damages suffered by individuals and legal persons during and after the comunist period. A study on doctrine and jurisprudence

Summary/Abstract: The principle of full reparation of damages in the field of moral injuries is based on the need to restore relationships broken by a guilty and illicit fact, to reinstatement of the victim, as far as possible, in the situation previous to the act of tort. In the period prior to the establishment and consolidation of the Communist regime in Romania (1865-1952), Romanian classical legal doctrine and case law have set up a joint system of repairing moral damages that included both pecuniary (monetary) and non-patrimonial means (resources). From 1952 to 1989, the practice of monetary remediation of moral damages has been banned, following the Guidance Decision of the Plenary of the former Supreme Tribunal no. VII from December 29, 1952, the motivation of this prohibition being ideological: bourgeois idea of conversion into money of moral sufferings was in contradiction with the fundamental principles of socialist law. The authors used the comparative study of the case-law decisions handed down by Romanian courts in the communist period and after December 1989. The main conclusion of this paper is that, after 1989, the Romanian doctrine and jurisprudence returned to the thesis of repairing moral damages through economic means, including by admitting the idea that legal persons, not only individuals, may suffer moral injuries.

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