Câteva aspecte privitoare la clasificarea prejudiciului din perspectiva răspunderii civile delictuale
Several Aspects Regarding the Classification of Injury from the Perspective of Civil Liability
Author(s): Florin Barbu
Subject(s): Civil Law
Published by: Universul Juridic
Keywords: classification; patrimonial damage; corporal injury; moral damage.
Summary/Abstract: The issue of tort criminal liability must be analysed in a dynamic, evolutionary context, taking into account everything that is social actuality. Originally viewed from the point of view of its sanctioning function, civil liability has claimed and claimed new trends in its purpose. For practical reasons, the replanting of civil liability was questioned, not in relation to the author of the offense, but to the person injured by the civil offense. Thus, the centre of gravity of the tortuous civil liability is the victim of the illicit deed, the main person interested in the settlement of the civil dispute being this.Also in this respect, the hierarchical restructuring of the functions of the civil tort liability is necessary. Starting from the assumed assumption, that the pillar of tort liability is the person injured by the illicit act, we appreciate that the reparatory function of liability acquires correlative ground at the expense of its sanctioning function. Injuries can be classified according to several criteria. Thus, we distinguish according to some authors, the following criteria: the instinctive nature of the prejudices; the possibility of providing damages at the time of production; the degree of generality; the patrimonial or non-patrimonial character.
- Page Range: 50-54
- Page Count: 5
- Publication Year: 2018
- Language: Romanian