EIRP Proceedings, Vol 12 (2017)

The Duality of Categories of Persons for Whom Civil Liability Is Involved. Aspects of Civil Law and Family Law

Mirela Costache, Tiberiu N. Chiriluţă

Abstract


In this study, we have analyzed the continuity of an old concern, a brief aspect of the broad problem of parental liability for the deed of the juvenile or the one put under judicial interdiction. From the Analysis of the art. 1372 Civil Code it can be easily understood the scope of this type of liability, and in this paper we have discussed only the category of respondents, for the purpose of repairing the prejudice. In relation to the two categories of persons, that of the minor and that of the person under judicial interdiction, there will also be highlighted the interpretations from the field of family law, points of view regarding situations arising from the interpretation of the text of the law. In addition, there will be correlated concepts such as age, the presence or absence of minor’s discernment, anticipated exercise capacity, tort capacity.


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