Poate frica faţă de un prejudiciu viitor constitui un temei suficient pentru o răspundere civilă delictuală actuală? O privire în cutia Pandorei
Is the fear of a future damage likely to be a sufficient basis for a current tort liability? An insight into Pandora’s box

Summary/Abstract: The paper aims to analyze if the fear of a future damage resulting from a risk exposure may itself be considered a reparable damage. In this regard, after a short review of the damage as a condition of civil liability, our attention further focuses on the fear of suffering a future damage and its particularities, as a potential repairable damage, and, in the end, we have placed this potential damage in the context of civil liability conditions in order to uncover its potential challenges. We have concluded that, considering the flexibility of our legal system when it comes to moral damages, such a hypothesis of civil liability should not be, de plano, rejected, but, nevertheless, some particularities that mark its distinct nature must be considered. Thus, in order not to create a favorable framework for abuses, among others, fear should be considered a reparable damage only when it proves to be reasonable and sufficiently serious.

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