Daunele punitive în Common Law. În România, acest tip de daune
Punitive damages in the Common Law. In Romania, this type of damages
Author(s): Adrian TambaSubject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: punitive damages; Common Law; “penalties”; Romania;
Summary/Abstract: Punitive damages are meant to punish and deter. Also, they have a role in appeasing the injured person and assuaging any urge for revenge. Punitive damages are a creature of the Common Law. Yet, a mixed jurisdiction as Québec embraces these punitive damages. In Romania, art. 906 of the Code of Civil Procedure talks about “penalties”. In 2017, Romania’s highest court analyzed said “penalties”. One question comes to mind: does Romania (i.e. a Civil Law country) believe in punitive damages (i.e. are the “penalties” mentioned by art. 906 a sort of punitive damages)?
Journal: Revista Română de Drept Privat
- Issue Year: 2020
- Issue No: 02
- Page Range: 285-304
- Page Count: 20
- Language: Romanian
- Content File-PDF