A NEW PERSPECTIVE ON THE BASICS OF CIVIL TORT LIABILITY IN THE CURRENT CIVIL CODE
A NEW PERSPECTIVE ON THE BASICS OF CIVIL TORT LIABILITY IN THE CURRENT CIVIL CODE

Summary/Abstract: The institution of Tort Criminal Responsibility faced this millennial beginning with a real "crisis" by affirming reformist ideas placed between tradition and modernity, present and future, subjective and objective. The increase and diversification of the damage, on the one hand, but also the real difficulties in identifying the responsible person and proving his culpability, on the other hand, call into question the need to harmonize the legal norm with the realities of social life, providing the legal framework for reparation of all injustice caused. In the evolution of this legal institution three phases have emerged: sanctioning, based on fault, aimed at punishing the guilty of producing damage, reparation, based on warranty, risk and equity, aiming mainly to ensure the legal framework to cover the indemnity independent of the fault to the responsible person for the restoration of the destroyed and preventive social balance, consisting in anticipating and avoiding serious, immeasurable, environmentally damaging, human existence, not yet produced but possible. Our study aims at presenting the main issues regarding the foundation of tort law in the current Civil Code, taking into account the realities of contemporary society, to highlight the innovative, progressive aspects, capable of providing more effective protection to the victims of the illicit deeds.

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