13. Acţiune în răspundere civilă delictuală întemeiată pe dispoziţiile art. 1.349 NCC. Condiţii şi efecte
13. Action for tort liability based on the provisions of art. 1.349 of the new civil Code. Conditions and effects

Summary/Abstract: The content of the provisions of art. 1.349 of the new civil Code shows that any person is obliged to observe the rules of behavior that the law or the practice of the workplace requires and not to prejudice, through his actions or inactions, the legal rights or interests of other persons, the individual who, having judgment, breaches this duty and is liable for all the damages caused, being obliged to pay them in full. Consequently, if the damage claimed by the action is the consequence of building a motorway, the defendant’s initiative and action, and in this case there is his refusal to cover it, the conditions provided in art. 1.349 of the new civil Code are fulfilled, and the new regulation of tort liability, as compared to the previous regulation included in art. 998 of the Civil Code, does not explicitly condition the incurring of tort liability on the author’s fault, limiting itself to finding the existence of a breach by action or inaction of the rights, but also of the legal interests of other persons, and in this case the guilt is presumed.

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