Despre raportul dintre răspunderea civilă delictuală pentru fapta proprie şi răspunderea civilă delictuală pentru fapta altei persoane
The Relationship between Tort by its own Act and Vicarious Tort Liability
Author(s): Mangu FlorinSubject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: tort liability for another person’s deed; principal civil liability; autonomous civil liability; indirect civil liability.
Summary/Abstract: In principle, a person is only liable for the damages caused by their act only if committed with guilt, as required by the texts of Article 16 and, respectively, Articles 1349 and 1357 of the Civil Code. This represents the direct, principial tort. As an exception to this principle, a person is liable also for the damage caused by the act of those people for whom they are responsible, pursuant to Article 1372 and Article 1373 of the Civil Code, which must be strictly construed. In such a situation, the deed committed by the direct author of the damage incurs the obligation of another person to repair the damage. Tort liability for another person’s deed acts as a guarantee for the victim, being a derogatory, principal, autonomous and indirect form of civil liability.
Journal: Acta Universitatis Lucian Blaga. Iurisprudentia
- Issue Year: 2015
- Issue No: 01
- Page Range: 56-67
- Page Count: 10
- Content File-PDF