Vinovăţia, fundament al răspunderii civile, în ambele sale forme, în textele Noului Cod civil, ca şi în ale celui precedent

LACRIMA BIANCA BOILĂ*

* e-mail: boilalacrima@yahoo.com

Avocat - Baroul Mureş

ABSTRACT

The present study proposes to analyze the issue of civil guilt, in both of its forms (tort and contractual), judging that the selection of the Civil Code s applicable guidelines (the new Civil Code, in force as of October 1^st2011, as well as the previous Civil Code) from the amalgam of jurisprudential solutions and doctrinaire directions is highly important. The exploration of the Civil Code ks texts brings in discussion a current topic much debated by the contemporary doctrine: disappearance of the unity and harmony of civil liability, which is traditionally founded on guilt. The coexistence of the hypotheses of subjective civil liability with those based on the idea of risk, warranty or equity, within the context of modern society, evidences the increase of the remedial role of...