SOME ASPECTS OF GUILT AS A SUBJECTIVE ELEMENT IN THE ANALYSIS OF CIVIL TORT LIABILITY FOR OWN ACT
SOME ASPECTS OF GUILT AS A SUBJECTIVE ELEMENT IN THE ANALYSIS OF CIVIL TORT LIABILITY FOR OWN ACT

Summary/Abstract: In order to incur civil liability, it is necessary to meet cumulatively the following conditions: the existence of damage; the existence of an illicit act; the existence of a causal relationship between the unlawful act and the damage; the existence of the guilt of the person causing the damage. It should be emphasized that the form under which this guilt is presented has no relevance in the field of civil law, which may consist of intention or the smallest fault, the consequence being the same in any situation, namely, the obligation of the guilty party to fully repair the damage. The common framework for the establishment of tort law civil liability for the act is established by the provisions of articles 1357-1371 Civil Code. Guilt is another distinct and essential condition of civil tort liability and represents the mental attitude of the perpetrator of the act, from the moment of its commission. To emphasize the importance of guilt as a subjective element, it should be noted that in article 16 Civil Code, the condition of guilt is found. In this context, the fault can no longer constitute the keystone in analyzing the conditions to be fulfilled in order to incur the tort of civil liability, this place being taken over by the damage, as a genuine condition sine qua non for the admission of the action. For these and other reasons, reparation of the damage acquires new theoretical and practical valences, which implies a detailed deepening of the matter.

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