12. Suveranitatea judecătorului în repararea prejudiciului. O scurtă actualitate jurisprudențială din Franța
12. Judicial sovereignty in compensation for damage. A brief current case law overview from France

Summary/Abstract: The award of damages suffered by a natural or legal person is governed by the principle of restitutio in integrum. However, the determination of the „integrality” of the damage suffered was, is and will certainly remain subjective. It is universally accepted that the rule of law must have a general validity, precisely in order to allow the person applying it to be flexible in applying the regulatory framework to the specific situation in society. Thus, by combining the legal syllogism (major premise, minor premise and conclusion), the French trial judge has „full sovereignty” to legally characterize what must be given to the victim for material and moral compensation for what has been wrongfully done to them.

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