VINOVĂȚIA – CONDIȚIE GENERALĂ A RĂSPUNDERII PENTRU PREJUDICIILE CAUZATE ÎN EXERCITAREA RAPORTURILOR JURIDICE DE MUNCĂ
GUILTY - GENERAL CONDITION OF LIABILITY FOR DAMAGES CAUSED IN THE EXERCISE OF LEGAL EMPLOYMENT RELATIONS
Author(s): Stefania DumitracheSubject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: liability; damages; guilt; unforeseeable circumstances; force majeure; victim’s act; the act of third party;
Summary/Abstract: The study is dedicated to guilt as mental attitude of the perpetrator’s illegal acts causing injury, which under article 253 paragraph 1 and 254 paragraph 1 of the Labor Code is prerequisite for liability for damages caused in the exercise of legal labor relations. The central idea is that whenever there are no special rules in labor law, we apply the rules established for contractual liability and further whenever contractual liability in civil law does not know regulations, there will be applicable those relating to tort liability. This is why we have analyzed guilt and non‐liability causes as a result of eliminating the subjective element not only in terms of labor law regulations, but also those of the Civil Code.
Journal: REVISTA PRO PATRIA LEX
- Issue Year: XII/2014
- Issue No: 02
- Page Range: 179-185
- Page Count: 7
- Language: Romanian
- Content File-PDF
