Răspunderea civilă delictuală – formă a
răspunderii juridice a producătorului pentru
calitatea produselor alimentare. Faptă ilicită
CIVIL LIABILITY – FORM OF LEGAL LIABILITY OF THE MANUFACTURER FOR QUALITY FOOD. THE ILLICIT ACT
Author(s): Mădălina DinuSubject(s): Civil Law
Published by: Editura Hamangiu S.R.L.
Keywords: liability; food market; manufacturer; illegal act; defective product;
Summary/Abstract: Social progress is the main reason that led to the broadening of consumer liability, the liability of the manufacturer for quality food. Against this background of social development, it was necessary consumer protection under the manufacturer's wrongdoing meets these food products launched in the market and its accountability so that food market be protected from possible abuses. When we talk about producer responsibility, the essential question is related to how liability for the manufacturer. In other words, the manufacturer shall be liable for damage caused as a result of inadequate fulfillment of the obligations incumbent on the land by virtue of its tort or contract? Although differing views so in a sense as well as in other, Law nr.287/2009 the New Civil Code has come to clarify this issue by establishing, in its paragraph 4 art.1349 that "liability for damage caused by defective products is determined by a special law. "Although apparently do not employ text producer responsibility in the field of torts, however marginal art.1349 is called "tort", so we can say only that the legislature's intent was to include producer responsibility in the field of torts.
Journal: Conferința Internațională de Drept, Studii Europene și Relații Internaționale
- Issue Year: I/2013
- Issue No: I
- Page Range: 546-551
- Page Count: 6
- Language: Romanian