Evoluția reglementării răspunderii civile delictuale de la Codul civil din 1864 la noul Cod civil
Evolution of the regulation of the tort criminal liability from the Civil Code of 1864 to the new Civil Code

Summary/Abstract: The study intends to make a comparative analysis of the legal provisions of the Romanian Civil Code from 1864, in relation to those of the current Civil Code, regarding the tort civil liability, highlighting similarities and differences between the two regulations, by presenting some novelty elements which the legislator brought to the current Civil Code.It was envisaged a historical presentation of the doctrinal conceptions regarding the civil liability, based initially on the subjective theory and the evolution towards the objective approach of liability, in the variants of profit risk, of the risk of authority and the risk of activity, by specifying the coexistence of the two foundations of liability, subjective and objective, and of the scope of each of them.Our attention is retained by the presentation of the foundation of civil liability in the system of national law, the elements of convergence and divergence between civil liability and contractual civil liability, the technical forms of tort liability, the liability for one’s own deed, the guilt and liability exonerating causes, the civil illicitness and the causes of removal of the illicit nature of the deed, the tort liability of the legal person, the novelties of the regulation of the liability for the deed of another (minors, persons under interdiction, the liability of the principals for the damage caused by minors) and the legal foundation of this liability, the liability for the damage caused by animals and the ruin of the edifice. It is also retained the new vision of the current Civil Code in the matter of liability for things, with special regard to the matter of collision of vehicles and the legal basis of this liability.There are presented the new extensive regulations on the tort civil liability, the criterion of appreciation of guilt in matters relating to tort and its dynamics, the novelties of the current Civil Code regarding the causes for removal of guilt, as the basis of the tort civil liability for the one’s own deed, the conditions of exclusion or limitation by legal act of the tort liability, the illicitness and the guilt, distinct conditions of the civil liability, the commissive and ommissive concept of illicitness and the abuse of law, the organicist conception of the regulation of the current Civil Code on the direct liability of the legal person and the operating conditions, the objective character of the liability of the legal person for the damage caused by its bodies and the foundation of this liability, found in the guarantee obligation and the risk of authority.At the same time, we find an analysis of the liability for damage caused by the deed of the minor and of the persons placed under interdiction, the direct, objective and autonomous nature of the liability of the persons held legally, conventionally or judicially liable for the damage caused by these, the objective character of the liability for the damage caused by minors and by those under interdiction, based on the obligation of guarantee and the risk of authority, the conditions for the exercise of the victim’s right of option, between the liability of those who are held liable for another and the liability of the author of the prejudicial deed, the objective character of the subsidiary liability of the person lacking discernment and the criteria fixing the indemnity for the reparation of damage.The study also contains an analysis of the liability of the principals for the damage caused by the agents and the evolutive process of the foundation of the liability of principals for the damage caused by the agents, from the relative and absolute presumption of guilt to the profit risk and the theory of the guarantee, with the two tendencies, subjective and objective, the objective character of the liability of the principal for the damage caused by the agents and the foundation of this liability in the current Civil Code, the extensive regulation of the new Civil Code regarding the principal-agent relationship and the effects of the liability, the legal basis of the victim’s action against the principal and the agent, as well as the regress of the principal against the agent.There are studied problems on the concept of the legal guardianship of the animal, from which the prerogative of command, direction and supervision arises, the assumptions of solidary and divisible legal guardianship, the concept of material guardianship, the liability for material and corporal damage caused by wild animals and the legal foundation of objective liability for bodily injury caused by wild animals. Then, the study aims to present the scope of application of the liability for the ruin of the edifice and those bound by the obligation to repair the damage, the requirements of probation in the matter of liability for the ruin of the edifice and the legal basis of objective liability.As regards the liability for the damage caused by things, there are envisaged the evolution of the concept of „thing” causing the damage, the concept of legal guardianship of the thing and the implications related to legal guardianship, the delimitation of the legal guardianship from the material guardianship, the problem of splitting up the legal guardianship from the material guardianship and of splitting up the use of the thing from its structure, the liability for the damage caused by the stolen things, the legal guardianship of the thing and the liability for the damage caused by things in co-ownership, joint ownership and in case of periodic ownership. Our attention is retained also by the assumption of contractual liability of the legal guardianship for the damage caused by things, the liability for damage caused by the collision of vehicles, of third parties or of the legal guardians of things, the basis of the liability for the damage caused by things, the evolution from the relative or absolute presumption of guilt to the presumption of guilt in the guard of the thing and then to the thesis of objective liability for the damage caused by things, the objective character of liability for the damage caused by things, enshrined in the current Civil Code, and the foundation deriving from the obligation of guarantee, supported by the risk of activity.

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