Notă cu privire la Decizia nr. 1162/2015 a Înaltei Curţi de Casaţie şi Justiţie. Regresul în acţiunea asigurătorului împotriva celui răspunzător de producerea prejudiciului

CLAUDIU-GABRIEL GALU*

* e-mail: claudiu.galu@galu-partners.ro

Avocat - Baroul Bucureşti

ABSTRACT

The Law No 136/1995 on insurance and reinsurance in Romania did not expressly mention that the insurer acquires a right of regress against the person responsible for causing the prejudice, but only that the former is subrogated in all rights of the insured or of the beneficiary of the insurance. The wording has generated some different interpretations in practice as regards the action of the insurer to the reparation of the prejudice, this being classified either as special action, founded on the civil tort liability, or as action of common law, based on the civil contractual liability. These interpretations have led to the express regulation of the action for regress within Article 31(6) of the Government Emergency Ordinance...