Mai există un principiu al reparării în natură a prejudiciului? Posibile argumente contrare
Is there still a principle of reparation in kind? Possible counter-arguments

Summary/Abstract: For almost a century, the jurisprudence and doctrine have claimed the existence of a “in kind reparation of damage principle” in the field of tortious liability. This idea became so deeply rooted that it seems to be indisputable. In this paper, we set up to analyze to what extent the qualification of in kind damage reparation as a principle tortious liability truly is undeniable.In this regard, in the first section, we have underlined the general particularities of the principles of law, showing that they are fundamental norms, formulated in a general and abstract manner, which behave in a particular way when they conflict with other principles and which represent the conceptual source of ordinary legal norms, function as an interpretation filter, can constitute grounds for the removal of common legal provisions and ensure the completeness of the law. Then, we focused on the in kind damage reparation, which, at the beginning of the communist era, was transformed by the jurisprudence from an exceptional form of damage reparation, into a rule and then into a principle of tortious liability.In the end, the general particularities of the principles of law have been where compared with the legal regime of the in-kind damage reparations, as it is provided by the positive law, resulting in that the two are not quite compatible, the in-kind damage reparation being deficient both in terms of compliance with the essential characteristics of the principles and with their functions.

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