REFLECŢII PRIVIND SOLUŢIILE CODULUI CIVIL ÎN MATERIA REPARĂRII PREJUDICIILOR NEPATRIMONIALE. DREPT COMPARAT
REFLECTIONS ON CIVIL CODE SOLUTIONS IN REPAIR OF NON-PATRIMONIAL DAMAGE. COMPARATIVE LAW

Summary/Abstract: The repair of moral damages is the subject of a classic civil law controversy, recording opinions expressed in a comprehensive register, from the rejection of the idea of „repairing the irreparable” to hostile reactions when the legal system admits the sanction of moral damages and further to ones of the most pathetic pleas where the legal framework tolerates them. Nevertheless, the regulation of reparation for these damages provided by the current Civil Code is undoubtedly a sign of progress, which is considered, in our opinion, as being perfectible. The present study aims at examining the solutions provided for non-patrimonial damages by the new legal provisions and at making proposals on both the legal terminology and the solutions for this matter, in harmony with other European codifications and independent of the legal protection of non-patrimonial subjective rights.

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