Răspunderea civilă pentru prejudiciul cauzat de animale sălbatice. Cadru normativ special. Criterii de cuantificare daune materiale şi morale

Civil liability for damage caused by wild animals. Special regulatory framework. Criteria for quantifying material and moral damages

Abstract

The existence of a special provision, in this case Law no. 407 of November 9, 2006, on hunting and protection of game resources, removes the application of the general law, namely the Civil Code, by virtue of the principle specialia generalibus derogant. Therefore, the application of general law is not permitted merely because a party considers it more favorable.

The adoption of special regulations, under which persons who consider themselves entitled may request recognition of their right to receive compensation for material and moral damages caused by wild animals, through a procedure derogating from common law, does not violate article 6 of the European Convention on Human Rights.

The provisions of article 13