Considerații pe marginea răspunderii pentru fapta persoanei care beneficiază de consiliere judiciară sau tutelă specială
Considerations Regarding The Liability For The Act of The Person Benefiting From Legal Advice or Special Guardianship

Author(s): Nora Andreea Daghie
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: Protective Measures; Judicial Advice; Special Guardianship; Guardian; Liability;
Summary/Abstract: Article 1372 of the Civil Code, as amended by the provisions of art. 7 point 67 of Law no. 140/2022, enshrines with principle value the establishment of an objective liability, independent of any form of guilt of the perpetrator, of the guardian who supervises the persons protected by judicial counseling or special guardianship. Through their behavior, often spontaneous, surprising, these categories of people represent a particular social danger of harm, needing guidance, control and constant observation, due to their poor state of mental health. The responsibility of the person who had the obligation to supervise a person placed under protection presupposes the fulfillment, first of all, of the conditions necessary for the engagement of tortious civil liability for his own deed and is analyzed in the person of the person who benefits from legal advice and special guardianship, since he is the author himself - said of the deed for which the guardian is called to answer. However, there is a particularity, in the sense that, according to art. 1372 para. (2) C.civ., "responsibility exists even when the perpetrator, being without discernment, is not responsible for his own deed". Therefore, the application of art. 1372 para. (1) Civil Code it is not conditioned by the guilt of the person placed under protection.

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