Răspunderea civilă a funcţionarilor publici. Inconsecvenţe şi omisiuni legislative şi jurisprudenţiale

Prof. univ. dr. h.c. ALEXANDRU ŢICLEA

ABSTRACT

The following study critically analyzes the civil liability of the civil servants. It is estimated that it is about a contractual liability, however different from the patrimonial liability and from the material liability, regulated in the case of employees, respectively of the military and of other categories of personnel.

The cases of civil liability of the civil servants are presented, as well as the conditions of this form of liability.

Special attention is paid to the procedure of reparation of damages (imputation order or disposition and the payment commitment), including with regard to the former civil servants.

Keywords:

payment commitment; authority; public institution; imputation decision/disposition/order; illicit deed; civil servant; obligation of restitution; injury; civil liability; material liability; patrimonial liability; guilt.