ANALYSIS OF CIVIL LIABILITY FUNCTIONS. CONSTANT AND NEW VALENCES Cover Image
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ANALIZA FUNCŢIILOR RĂSPUNDERII CIVILE. CONSTANTE ŞI NOI VALENŢE
ANALYSIS OF CIVIL LIABILITY FUNCTIONS. CONSTANT AND NEW VALENCES

Author(s): Mirela Costache
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: civil liability; prejudice; preventive-educative function; restitutio in integrum; reparative function;

Summary/Abstract: Occupying a prime position next to the current national law, within the new civil regulations, the civil liability claims the same two classic functions, the reparative and the preventive-educative one. Enacted under the general desideratum of maintaining social order, and in particular the defense of subjective rights of man, of respecting the rules of conduct that the law or local custom impose, the first two paragraphs of article 1349 of the Civil Code shall formulate, without being ambiguous, the ideational content of the two functions governing cumulatively the civil liability: the preventive and reparative function. Using content analysis, through documentary descriptive research and rich analysis of the specialized literature, this study aims at identifying the contents of the above mentioned concepts, presenting a point of view on the regarded issue.

  • Issue Year: 2016
  • Issue No: 01
  • Page Range: 146-153
  • Page Count: 8
  • Language: Romanian
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