Tort law at Romania
Tort law in Romania is primarily governed by the Civil Code of Romania (Law No. 287/2009), which came into force on 1 October 2011. This Code establishes the framework for civil liability arising from unlawful acts, encompassing both contractual and non-contractual obligations.
⚖️ Civil Tort Liability (Extracontractual Liability)
Under Article 1357 of the Civil Code, a person is liable for damages caused to another through their unlawful act, whether intentional or negligent. To establish civil tort liability, the following conditions must be met:(rrpb.ro)
Existence of Damage: The claimant must have suffered actual harm.
Illicit Act: The defendant's act must be unlawful, breaching legal norms or established duties.
Causal Link: A direct connection between the defendant's act and the damage must be established.
Guilt: The defendant must be at fault, either intentionally (dolus) or negligently (culpa) .(rrpb.ro)
🧭 Forms of Guilt
Romanian law recognizes several degrees of negligence:
Gross Negligence (Culpa Lata): A severe lack of care, where the outcome was obvious to anyone with basic diligence.
Ordinary Negligence (Culpa Levis): Failure to meet the care expected of an average person.
Slight Negligence (Culpa Levissima): A minor lapse in care, where only someone with exceptional diligence could have prevented the outcome .
These distinctions are crucial in determining the extent of liability and compensation.
💰 Types of Recoverable Damages
Romanian law allows for the recovery of:
Actual Loss (Damnum Emergens): The direct loss suffered by the claimant.
Lost Profit (Lucrum Cessans): The benefit the claimant could have obtained had the damage not occurred.
Non-Pecuniary Damage: Compensation for moral harm, such as emotional distress or damage to reputation .
Punitive damages are not typically awarded in Romanian tort law; however, courts may grant compensation for non-pecuniary damages in cases of severe harm.
⏳ Statute of Limitations
The statute of limitations for tort claims in Romania is generally three years from the date the claimant became aware of the damage and the identity of the responsible party .
🛡️ Defenses Against Tort Claims
Common defenses in Romanian tort law include:
Contributory Negligence: The claimant's own fault contributed to the harm.
Force Majeure: Unforeseeable events beyond control.
Consent: The claimant knowingly accepted the risk.
Statutory Immunity: Legal provisions that exempt certain individuals or entities from liability .
🏛️ Vicarious Liability
Under Article 1372 of the Civil Code, a person may be held liable for damages caused by another under their supervision, such as a parent for a minor child or an employer for an employee .
🏥 Medical Liability
Medical professionals in Romania are subject to civil liability for malpractice. Victims can seek compensation for damages resulting from medical errors, provided they can establish the elements of tort liability, including fault and causation.
🐾 Animal and Environmental Liability
Under Article 1375 of the Civil Code, the owner of an animal is strictly liable for damages caused by the animal, even if it escapes from their care .
Additionally, individuals or entities causing environmental harm may be held liable for damages resulting from violations of environmental protection laws.
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