FAPTA ILEGALĂ -CONDIȚIE A RĂSPUNDERII PENALE
THE ILLEGAL ACT – CONDITION OF TORT LIABILITY

Summary/Abstract: In this paper we have highlighted the main aspects of illegal act as a condition of tort liability, both from the new regulation’s and the old Civil Code’s perspective. We have also exposed practical relevant aspects concerning the need of paying the court costs and also the difference which surpasses the limit imposed to the insurer by law. From this point of view we may notice the possibility of having an insurance of court costs. Even if it isn’t a sensu stricto insurance it is important because of its connection to the third parties’ liability. This is a new type of insurance. Business entities are subjects of different risks which hinds the normal achievement of their objectives.The protection against damages produced by those risks represents the subject of the risk’s management inside a company, going from prevention to limitation of the risk’s consequences which have already been produced.

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