Damage in the Context of the Liability for the Actions of Others

Calina Jugastru ()
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Calina Jugastru: Prof. PhD. “Lucian Blaga” University of Sibiu, “Simion Bărnuţiu” Law School;

Jurnalul de Studii Juridice, 2013, vol. 3-4, 23-48

Abstract: The guiding principle in the field of civil liability is the liability for one’s own conduct according to which every person is held liable for her own acts. As it was stated under the former Civil code, this principle is not always sufficient, since the total or partial insolvability of the one that has to repair the damage could prevent the establishment of civil liability. This is the reason for which, in the aim of protecting the legitimate interests of the persons, the legislator has regulated, besides the direct liability for one’s own act, another liability, indirect, complementary, that belongs to another person. The main novelty brought by the Civil code, in relationship to the analyzed text are the extension of the range of persons for the actions of which others are imposed liability, the extension of the range of persons that are imposed liability and the alteration of the ground of the liability for the actions of the minor (bearing in mind that in the majority opinion, under the 1865 Civil code, the parental liability for the actions of their children was regarded as a subjective liability). The new Civil code brings a series of alterations to the matter of the liability of the employer for the damages caused by his employee. The new code defines the employer, allows the clear detachment of the definition of the employee, provides the sources of subordination, states a liability that is not conditioned by guilt (neither in the case of the employer nor in that of the employee). The special conditions did not suffer alterations, and neither did the ground of liability. That concern the damage within liability for animals/ goods in general/ ruin of building, the new code, unlike the old regulation, states the fact that liability is independent of any fault. What is novel is the legal definition of legal guardianship, from this point of view the new regulation being superior to the previous one.

Keywords: damage; liability; liability for the acts of the minor or of the person interdicted; he employers liability for the actions of their employees; damage within liability for animals/ goods in general/ ruin of building (search for similar items in EconPapers)
JEL-codes: A23 (search for similar items in EconPapers)
Date: 2013
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