Răspunderea civilă pentru prejudiciile cauzate prin erori judiciare

IOAN ADAM*

Prof. univ. - Facultatea de Drept, Universitatea "Titu Maiorescu" din Bucureşti

Avocat - Baroul Braşov

ABSTRACT

In any democratic state the activity carried out by the body of magistrates must be limited exclusively to the law and in compliance with the Constitution, because, otherwise, those judgments pronounced by ignoring these requirements, the fundamental rights and freedoms of the citizens, may lead to the commission of some judicial errors, through which the litigants suffer both from damage of material, but especially moral nature.

The legal grounds for granting compensations can be found in the Constitution itself, Article 52 (3) specifying that "the state is patrimonially liable for the damage caused by judicial errors. The liability of the state is established in accordance with the terms of the law and does not remove the liability of the magistrates who exercised their function in bad faith or serious...