Repararea prejudiciului nepatrimonial potrivit dispozițiilor alin. (1) al art. 1391 C.civ., astfel cum au fost modificate prin Legea nr. 231 din 12 decembrie 2025
Compensation for non-pecuniary damage in accordance with the provisions of paragraph (1) of Article 1391 of the Civil Code, as amended by Law No. 231 of December 12, 2025
Author(s): Lacrima Rodica BoilăSubject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Uniunea Juriștilor din România
Keywords: civil liability in tort; compensation for non-pecuniary damage; consequential damage; direct victim; indirect victim; restriction of family and social life;
Summary/Abstract: As an innovative element of the Civil Code, paragraph (1) of Article 1391 was supplemented and amended by Law No. 231 of December 12, 2025, establishing the legal framework that ensures compensation for non-pecuniary damages consisting of the restriction of family or social life opportunities caused to indirect victims through their interaction with direct victims, for their care and supervision.The study aims to analyze the current provisions of paragraph (1) of Article 1391 of the Civil Code, in a constructive effort to establish fair jurisprudential solutions that would satisfy all victims of unlawful acts, both direct and indirect, for full compensation for damages. The evolution of the legislative process for the adoption of the current text of the Civil Code is, in our opinion, a pertinent demonstration of the creative role that case law plays in the process of perfecting legal norms.
Journal: Revista „Dreptul”
- Issue Year: 2026
- Issue No: 05
- Page Range: 106-117
- Page Count: 12
- Language: Romanian
- Content File-PDF
