Suchergebnisse

The Government Emergency Ordinance no. 195/2005 on the protection of the environment1, stipulates in art. 95: (1) liability for damage to the environment has an objective character, independent of guilt. In case of several authors, the liability is a joint responsibility; (2) as an exception, liability is subjective for the prejudice caused to protected species and to natural habitats, in accordance with the specific regulations; (3) the prevention and remedy of the damage done to the environment are carried out in accordance with the provisions of the present emergency ordinance and specific regulations. From this text, it results that the rule in environmental law is represented by objective liability, independent of guilt (and the exception is subjective liability) and joint liability (in case of plurality of authors). Objective liability and joint liability are the expression of the fundamental "polluter pays" principle (stipulated under art. 3 letter e of GEO no. 195/2005 on the protection of the environment), actually meeting the needs of the victim who, on the one hand does not have to prove the guilt of the doer and, on the other hand, in case of plurality of authors, has the possibility to claim full remedy for damage from any of them. Keyword: ecological prejudice; the abuse of right; the damage risk; the guarantee theory

ABSTRACT: The object of this paper is the tort liability, which represents an important element of the legal relationships. This paper refers at the legal regulation of the tort liability, as well as its scope. This paper also refers at the two types of liability, representing the general liability that we find in the civil law, which is the relation between the tort liability and the contractual liability. This paper also presents the comparison between the tort liability and the criminal liability, as well as the relation between the tort liability and the patrimonial liability specific to the labour law. We shall speak of the types of tort liability and their classification, referring at the hypotheses regulated by the Civil Code and the related legislation, as well as of the criterion of the fundamental principle of liability. KEYWORDS: criminal liability, contractual liability, patrimonial liability, tort liability, unlawful act