Reflections on the reparation of damage in case of tort liability. Comparative law Cover Image
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Reflecții privind repararea prejudiciului în cazul răspunderii delictuale. Drept comparat
Reflections on the reparation of damage in case of tort liability. Comparative law

Author(s): Sache Neculaescu
Subject(s): Law, Constitution, Jurisprudence
Published by: Uniunea Juriștilor din România
Keywords: repairable damage; victim’s right to reparation; assessment of damage; reparation in kind of damage; proliferation of the repairable damage; classification of damage; victim’s duty to mitigate the dam

Summary/Abstract: The current Civil Code advances a detailed regulation of the reparation of damage in case of tort liability, the most important matter of this institution. Being of deep impact in practice, the need for clarity of the new legal provisions is greater than in any other area of regulation. The study proposes their text analysis, emphasizing some shortcomings of the legal terminology used, of the systematization of the matter, but there are reported, in particular, some questionable solutions contrary to the European trends in matters of tort liability.

  • Issue Year: 2015
  • Issue No: 03
  • Page Range: 105-122
  • Page Count: 18
  • Language: Romanian