Antrenarea răspunderii proprietarului pentru fapta animalului. Vătămare corporală. Prejudiciu moral suferit de victima agresiunii. Criterii de apreciere a cuantumului daunelor morale

Undertaking the owner’s liability resulting from the behaviour of the animal. Bodily injury. Non-material damage suffered by the victim of aggression. Assessment criteria of the amount of the non-material damage

Abstract

1. According to art. 1375 of the Civil Code, the owner of the animal is independently liable for any guilt for the damages caused by the animal. His liability may be removed if only it is proven that the reaction of the animal was determined by the exclusive offence of the victim, of a third party or of an event of force majeure. The absence of this requirement provided for under the provisions of art. 1380 of the Civil Code - regulating the cases holding harmless, but also the conditions for removing tort liability for the behaviour of the animal - leads to the solution of undertaking the...