Prejudiciu moral rezultat din poluare - un studiu de caz privind aplicarea principiului "poluatorul plăteşte"

Prof. univ. dr. Florica Braşoveanu

Facultatea de Drept şi Ştiinţe Administrative a Universităţii Ovidius din Constanţa

Moral damage resulting from pollution - a case study on the application of the "polluter pays" principle

Abstract

This paper analyzes the application of the "polluter pays" principle, regulated by Emergency Government Ordinance no. 195/2005 regarding environmental protection, in the context of tort liability. The analyzed case deals with liability for moral damage caused to the plaintiff by exceeding legal limits for noise and sedimentable dust, a situation where it was judicially established that the environmental permit does not exonerate the polluter from liability when the values imposed by legislation are not respected.

The legal analysis focuses on the application of articles 1357-1.359 Civil Code regarding tort liability, particularly its constituent elements:...