Reparation of damage. Conditions and principles in the new Civil Code Cover Image
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Repararea prejudiciului. Condiții și principii în noul Cod civil
Reparation of damage. Conditions and principles in the new Civil Code

Author(s): Nora Daghie
Subject(s): Law, Constitution, Jurisprudence
Published by: Uniunea Juriștilor din România
Keywords: certain damage; actual damage; future damage; possible damage; damage resulting from the loss of an opportunity;

Summary/Abstract: Engaging the civil tort liability has as finality the full reparation of the damage. Reparation is a legal means by which the victim may claim to be reinstated in the situation prior to the commission of the illegal act. The right to reparation depends on an objective fact, that of causing the damage. The condition of the certainty of the damage is its most important character. If the damage is not certain, it can not be ascertained whether the right to reparation arose, and if the uncertainty concerns the extent thereof, the object of the claim for damages can not be established. Sometimes, in practice, it is difficult to determine whether the damage invoked is certain or possible. In relation to this condition of certainty of the damage, the damage by loss of the opportunity to gain an advantage is one of the innovative elements of the new regulation, being outlined as a distinct category of reparable damage.

  • Issue Year: 2017
  • Issue No: 11
  • Page Range: 36-54
  • Page Count: 19
  • Language: Romanian