Răspundere civilă delictuală. Prejudiciu întemeiat pe art. 550 şi 556 C. civ. Calificare juridică a instanţei

Tort civil liability. Damage based on Articles 550 and 556 of the Civil Code. Legal qualification of the court

Abstract

The claims in the presented case are in fact based on tortious civil liability, although this basis was not expressly specified. It would not have been possible to give effect to art. 550 and art. 556 para. 2 of the Civil Code without establishing the form of liability that makes them applicable to the factual situation brought before the court, considering that the complaint is not about the unlawful picking of fruits by the defendant, but about the owners' impossibility to use their land due to its illegal and continuous occupation by the defendant - a classic situation analyzed by courts from the perspective of tortious civil liability.

Rezumat

Pretenţiile din speţa prezentată sunt fundamentate în fapt pe răspunderea civilă delictuală, cu toate că nu s-a...