RĂSPUNDEREA CIVILĂ PENTRU DAUNE MORALE ÎN REGLEMENTAREA ACTUALULUI COD CIVIL
Civil Liability for Moral Damage in The Actual Civil Code

Author(s): Laura Manea
Subject(s): Civil Law
Published by: Universul Juridic
Keywords: moral damages; tort liability;
Summary/Abstract: Legal institution with a leading role in affirming and maintaining social order, from the ancient society to this date, civil liability is a form of legal liability, consisting in a legal obligation under which a person is obliged to repair the damage caused to another person through the action or inaction or, in the cases provided by law, the damage of which a causal relation is established. Moral or non-patrimonial damages are the object of civil liability in tort field since Roman law, by the so-called "private offenses", continuing in the same regime also in the medieval law, a period of time when the offences were combined with sins, reparation of non-pecuniary damage along with patrimonial damage, in some cases, be subject to all civil tort liability. What differentiates in time the liability for moral damages, having its origin in the principle of law which is at the basis of the obligational relation, is the nature of the reparation, because if in Roman law the sanction consisted in the application of a fine (actio in injuriarum), in the present the pecuniary reparation seeks to cover the psychological and/or physical discomfort caused by the illicit deed.

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