JUDICIAL ERROR. NOTIONS OF COMPARATIVE LAW
JUDICIAL ERROR. NOTIONS OF COMPARATIVE LAW

Summary/Abstract: Due to recent changes in the field of the judicial error regulations, that lead to a new definition of the concept and to the creation of a dual system of liability for the damage caused through a judicial error (on one hand, an objective liability of the State and, on the other hand, a personal liability of the magistrate), the paper aims to reflectthe potential impact these new regulations can cause in the field of the judicial activity. The solutions for which the lawmaker opted will be analysed, by comparison with similar regulations that exist in various European law systems (which represents also a source of inspiration for the law making process) and proposal will be made, in order to ensure an effective and uniform law application. The research methods used in order to achieve this aim are the comparative method, the analytic and historical methods.

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