Restituire şi reparaţie. Pledoarie pentru autonomia mecanismelor restitutorii prevăzute de art. 1.635-1.649 din Codul civil
Restitution and reparation – a plea for the autonomy of the restitution mechanisms provided by Articles 1.635-1.649 of the Civil Code

Summary/Abstract: The relationship between civil liability and the restitution of performances is complex and, most of the time, insufficiently delineated in legal doctrine. In this context, the idea has emerged that restitution is permeated by the rules of civil liability. However, although the principle of restitutio in integrum appears in both the field of restitution of performances and that of liability, its meaning differs from one case to another. In matters of restitution, this principle seeks to restore the person who has performed a prestation without an immediate cause [or deemed by law as such] to the position in which they would find themselves today had they not performed that prestation, by returning the patrimonial value from which the debtor of the obligation has effectively benefited. By contrast, in the field of civil liability, the principle aims to restore the victim to the position in which they would have been had the damage not occurred. Thus, although both principles pursue the reconstruction of a current patrimonial situation, this objective must be confined in each case according to the object of the obligation: restitution concerns the prestation, whereas liability concerns the damage. Starting from this distinction, the article offers a comparative analysis of the two institutions, examining the foundations, structure, and effects of each type of obligation, seeking to identify both the points at which they communicate and the essential differences between them, and aiming to demonstrate that the action in restitution and the action in liability should not be confused, yet may be viewed as complementary mechanisms available to the creditor.

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