The Analysis of the Functions of Civil Liability
The Analysis of the Functions of Civil Liability

Author(s): Mirela Paula Costache
Subject(s): Law, Constitution, Jurisprudence
Published by: Editura Universitară Danubius
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.

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