7. Răspunderea tutorelui pentru prejudiciile cauzate de majorul care beneficiază de o măsură de ocrotire de drept civil
7. Guardian's liability for damage caused by an adult benefiting from a civil law protection measure

Summary/Abstract: Article 1372 of the Civil Code, as amended by Law 140/2022, stipulates a form of civil liability for the act of another, namely liability for the act of a person who benefits from judicial counselling or special guardianship. The text of the above mentioned Article was amended following Decision no. 601/2020 of the Constitutional Court of Romania on the exception of unconstitutionality of the provisions of Art. 164 para. (1) of the Civil Code. The amendment of the Civil Code articles relating to protection measures for adults with disabilities was made to bring national legislation in line with the United Nations Convention on the Rights of Persons with Disabilities. By substantiating Article 1372 of the Civil Code, the legislator aimed to protect the interests of the injured victim also in situations where the perpetrator either lacks discernment or is under another person's authority, not benefiting from total freedom of decisions/actions. The civil liability of the guardian for damages caused by the vulnerable adult who benefits from a civil law protection measure presupposes, firstly, the fulfilment of the conditions for incurring tortious civil liability – conditions analyzed in relation to the vulnerable adult who benefits from a civil law protection measure, since they are the perpetrator of the tort – and secondly, the fulfilment of a special condition. Furthermore, to understand the mechanism of civil liability of the guardian, it is also necessary to analyze the effects of judicial counselling and special guardianship.

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