O FORMĂ ATIPICĂ DE RĂSPUNDERE CIVILĂ DELICTUALĂ – RĂSPUNDEREA PENTRU DAUNELE ADUSE MEDIULUI
An Atipic Form of Civil Liability - Liability for Environmental Damage

Author(s): Florin Octavian Barbu
Subject(s): Criminal Law
Published by: Universul Juridic
Keywords: environmental damage; ricochet damage; the reparation; contractual liability;
Summary/Abstract: In the case of environmental damage, the situation is much more complex, because ricochet damage is the direct and immediate consequence of direct environmental damage, which can lead to the polluter’s liability only when establishing a necessary link with the deed.The existence of environmental damage is the basis for the commitment of the polluter’s liability, regardless of his or her mental attitude towards the deed and its consequences, its direct or indirect character, to guarantee full reparation if this is possible.The extension of reparation to indirect damages has been substantiated in the legal literature by the provisions applicable in the area of contractual liability, according to which: “(...) damages should only include what is a direct and necessary consequence of the non-fulfillment of the obligation”, which lead to the possibility of a broad interpretation of the notion of indirect damage, applicable also in the field of tort liability, which is why in our legal literature it was stated that “...it gives expression to the exigency of a sufficient causal connection characterized in order to eliminate the possibility of liability, stretching to the whole chain of events that arose as a result of the damaging deed, would imply a practically indefinite liability.” As regards the incurring of tort liability, it must be pointed out that the damage must be the certain, the direct, the actual and unambiguous one, as well as for the future but sure.

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