POSIBILITATEA INSTITUIRII RĂSPUNDERII OBIECTIVE ÎN CAZUL UNOR CONTRAVENŢII RUTIERE
POSSIBILITY OF ESTABLISHING OBJECTIVE LIABILITY IN THE EVENT OF ROAD INFRINGEMENTS

Summary/Abstract: Abstract:The contravention procedure allows responsibility to be taken in the case of committing the forbidden act with guilt, therefore we can affirm that the contravention liability is subjective. The present approach examines the possibility of establishing objective liability in case of violation of some legal obligations circumscribed to the traffic regime on public roads and incriminated as contraventions. Placing the contravention liability to the person registered as owner or user of the vehicle is justified for some road traffic offenses, but it should be limited to the situations in which it is not possible to identify the driver of the vehicle who committed the illegal act on the spot. The likelihood that the car has been driven by the owner itself is extremely high and, in the case of transmitting the use, the owner / user implicitly assumes the risks of using it under other conditions than those provided by law.

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