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Florin MANGU: Functions of civil liability in the philosophy of the current Civil Code

Abstract: Regarding the functions of civil liability, the current Civil Code retains, as was natural, the same line of thought already drawn in the national legislation by the 1864 legislator. Thus, from the first two paragraphs of art. 1349 of the current Civil Code clearly transpire the two functions of civil liability, as designed by the craftsmen of this act. The corroborated construction of these two pieces of legislation, as well as the systemic construction of all the regulations in the field reveal the fact that the main purpose of the engagement of civil liability is the full compensation for the damage caused to another person by someone who, with discretion, violates the general duty to respect the rules of conduct imposed by the law or the local custom and not infringe, by their actions or omissions, the rights or legitimate interests of others.

Keywords: civil liability, restorative function, preventive and educational function


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