Răspunderea contractuală şi răspunderea delictuală în noul Cod civil. Asemănări şi deosebiri
CONTRACTUAL LIABILITY AND TORT LIABILITY IN THE NEW CIVIL CODE. SIMILARITIES AND DIFFERENCES

Summary/Abstract: The New Civil Code establishes civil tort liability (articles 1349-1395) and civil contractual liability (articles 1350 and 1516 - 1548). From the point of view of the editors of the New Civil Code, civil liability in its essence is unique, namely, it forms a single legal institution, non-unitary in terms of its legal status, meaning that it comes through in two forms: the tort liability, of common law and the contractual liability, special and derogatory.The institution of liability, being based on common essential elements, is undoubtedly unitary. Two branches come from this common core. Considering that in a case, the liability arises from the breach of the obligations of all members of society, while in the other case, liability means the breach of an obligation that would not have existed if a contract had not been concluded between the victim and the agent, the regulation of the two liabilities depicts differentiating features of technical organization, unessential, which, undoubtedly, typically differentiate them, without being able to transform them into two completely different institutions.

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