Some Considerations on the Classification of Civil Liability Depending on the Certainty of Completion

Teodor Bodoasca, Teodora - Aurelia Draghici and Natalia Saharov
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Teodor Bodoasca: University “Dimitrie Cantemir” Târgu Mures
Teodora - Aurelia Draghici: Terrestrial Forces Academy “Nicolae Balcescu” Sibiu
Natalia Saharov: University “Dimitrie Cantemir” Târgu Mures

Annals - Juridical Science Series, 2010, vol. 3, 21-40

Abstract: The study “Some considerations on the classification of civil liability depending on the certainty of completion” is dedicated to analysis of theoretical and practical aspects regarding doctrinaire opinion about classification of liabilities in defined or benefit liabilities and liabilities of means or care and diligence. The idea of the study has been generated both by the relative high frequent of using this classification in doctrine and practice on the one hand and lack of legal regulations that could support this division of liabilities on the other hand. The study shows that there are no differences of legal treatment between the two categories of liabilities and usefulness of the distinction between benefit liabilities and liabilities of means has no cover in legal practice but only in theory by simplifying the character of analyzing some legal relations based on liabilities.

Keywords: liabilities; debtor; creditor; obligation to give; benefit (search for similar items in EconPapers)
JEL-codes: K19 (search for similar items in EconPapers)
Date: 2010
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