Reflecții pe marginea reparării prejudiciului constând în vătămarea intereselor. Observații critice
Reflections about the reparation of the prejudice consisting in harming of interests. Critical remarks

Summary/Abstract: The question of whether criminal liability can be engaged only in the case of the violation of a subjective right or whether it operates also when a simple legitimate interest is violated, without being enshrined as a subjective right, has always preoccupied the doctrine of civil law. The discussions were amplified on the background of the evolution of the law of the criminal civil liability, from a law oriented towards the sanctioning of the guilty perpetrator, to an indemnity law, increasingly inclined towards the interests of the victim who suffers from the unjust harming of his subjective rights, but also of the legitimate interests, those which, without being consecrated, cannot be tolerated by the legal order. The debate has become increasingly animated, in the context of the proliferation of claims that aspire to compensation, under the pressure of unprecedented diversification of human rights and fundamental freedoms, making traditional good morals increasingly relaxed. This explains the tendency of many modern codifications to include them in the broader concept of public order, as a component thereof. Even the French, known for their refusal, sometimes expressed manifestly, to adopt modern solutions, have agreed to reform their Civil Code, through the Ordinance on the reform of the contract law of 10 February 2016, by relating contractual freedom only to public order. The present study intends to critically examine the configuration of the legitimate interest, seen in its double state as a condition of exercising a court action, but also as a prerequisite to repair the prejudice suffered by the victim of the harming of the interest of another, within the criminal liability, according to the legal provision in Article 1359 of the Civil Code. As the new legal provisions prove to be perfectible, the present paper advances also a number of observations, as well as proposals de lege ferenda, with the conviction that their current form requires serious efforts to interpret them, to the detriment of a case law that wants to be unitary, as well as in order to harmonize the current Civil Code with the European orientations evoked in this paper, with a view to building a European law of civil obligations. The fact that the doctrine invoked in this paper is predominantly French has as an explanation the fact that the problems connected with the chosen subject represented an object of analysis of some important civil law works within this legal area, through which a more extensive and more nuanced case law was used on this theme, taken over by the Romanian law in the matter.

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