Critical view on tort liability regulation in the Romanian New Civil Code (NCC)

摘要

Although two centuries have passed since the French codifiers stated the principle of strict liability in tort, regulatory texts proposed by the new Civil Code remain largely trapped in the same conception of civil liability, seen from the perspective of the perpetrator/offender who has to be punished for his reprehensible and unlawful act, a liability mainly under a sanction with a primarily educational purpose. This study aims to assess new regulatory solutions viewed from a different perspective, that of the victim who aspires to indemnification, indicating some flaws of the new provisions, generated not only by incorrect correlation of some statements, but also by an insufficient process of elaboration, promoting in the same time, some proposals of lex ferenda.