Concepţia Codului civil (Legea nr. 287/2009, republicată) cu privire la structura răspunderii civile: dualitate sau unitate?

dr. LIVIU POP*

* e-mail: czegelye@yahoo.com

Prof, univ., şeful Catedrei de drept privat, Facultatea de Drept, Universitatea "Babeş-Bolyai", Cluj-Napoca

ABSTRACT

In order to highlight the civil liability structure, as ensuing from the wordings of the new Civil Code, enacted on October 1^st, 2011, the author makes the synthesis of the theories of French doctrine developed in this issue: the theory of civil liability unity, the theory of civil liability duality and the intermediate or eclectic theory. Likewise, there are paraphrased discussions taking place at present, in the French doctrine as well, on the existence and relevance of contractual liability. The author presents thereafter echoes that these theories and discussions had within the framework of Romanian doctrine and jurisprudence during the last century.

Acting towards the analysis of the wordings under the new...