Repararea prejudiciului pe tărâmul răspunderii civile delictuale. Inexistenţa faptei ilicite

Compensation for damage in tort liability. Non-existence of unlawful act

Abstract

The plaintiff requested, on grounds of tort liability, that the defendant be ordered to pay damages representing the loss of use of the leased land, calculated from the date of termination of the concession contract concluded between the parties until the actual handover of the land.

The unlawful act attributed to the defendant consisted in failing to fulfill the obligation to return the land that was the object of the concession in its initial state and free of any encumbrances from the moment courts established the termination of the concession contract until its actual handover.

Thus, it was argued that the defendant is liable to compensate for the damage caused to the plaintiff, the loss of use representing the equivalent of the royalty that the grantor should have received monthly in the case of an existing...