The Present Problems of Moral Prejudice within the Current Legislation, Doctrine and Jurisprudence
Actualitatea problematicii daunelor morale în contextul legislaţiei, doctrinei si jurisprudenţei actuale

Summary/Abstract: The issue of moral prejudice has been revived within the judicial doctrine and especially after the events from December, 1989. This paper makes a research on the judicial liability regarding the moral prejudicies which are now accepted by the Romanian Civil Law. The author outlines several ideas in his analysis of civil aquilian responsibility which is made by admitting the money equivalance to the moral prejudices. The social need for making responsible the authors of illicit facts imposes the admitance of offering moral prejudices to which the victims of an illicit facts are entitled. This analysis underlines the evolution of the concept “moral prejudice”, especially the importance given to it by the pressure of the society after the reanalysis of judicial circuit and the tendency of the Romanian Law State to settle down its rules. There is also remarkable the contribution of jurisprudence to the outlining of this concept and to the solving of some situations which became principles to be applied for other solutions.

• Details
• Contents