Fundamentul şi mecanismul răspunderii civile delictuale a părinţilor pentru faptele copiilor lor - privire diacronică
The grounds and mechanism of the parental non-contractual liability for the actions of their children– diachronic view

Summary/Abstract: Owing to the prevailing subjective approach to non-contractual liability, both the doctrinaires and the courts established during the last century the subjective basis of the parental liability for the actions of their minor children, based on a legal presumption of fault on the part of the parents, laid down by Art. 1000 paragraphs 2 and 5 of the Civil Code. In parallel with the subjective approach to the parental liability for the torts committed by their minor children, there has developed, since the beginning of the last century, the idea of an objective ground of the non-contractual liability for the actions of another, in general, and, thus, of the parental liability for the actions of their minor children. It was thus held that fault is not to be regarded as an essential element of liability, as responsibility is incurred based on an act or on a causal link, and not based on a person’s fault. From the perspective of the victim, what counts in establishing a person’s non-contractual liability for the acts of another is the idea of warranty for the acts that such person commits, consisting of his or of her property.

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