Repararea prejudiciului ecologic în condiţiile Codului civil

Prof. univ. dr. Mircea DUŢU

ABSTRACT

The remedying of ecological damage (environmental damage and damage to the environment) involves a diverse and interdependent system of liabilities, on different bases (fault, risk, objective), consisting of the mechanism of liability in tort (in its classical forms: for one’s own action, for another person’s action, for guarded things or abnormal neighbourhood disturbances) and a specific one in full expansion, related to “environmental liability", partly expressed by the mixed regime aiming at the “prevention and remedying" of certain categories of environmental damage, as provided in Directive 2004/35/EC (and national transposition acts).

Admitting the existence of the ecological damage (lato sensu) and constitutionalising the remedying of damage to the (“pure") environment stimulate, on the one hand, the increase of the civil law contribution to the prevention and quantification of...