The Liability Limits for the Minors? Acts and for Persons with Particular Legal Situation Aspects of Comparative Law

• Author: Varvara Coman, Mirela Paula Costache, Dorin Matei
• Pages: 128-132

European Integration - Realities and Perspectives

2010

128

The Liability Limits for the Minors’ Acts and for Persons with Particular Legal

Situation. Aspects of Comparative Law

Varvara Licuţa Coman

1

, Mirela Paula Costache

2

, Dorin Matei

3

1

Danubius University of Galati, Faculty of Law, comanvarvara@univ-danubius.ro

2

Danubius University of Galati, Faculty of Law, mirelacostache@univ-danubius.ro

3

Danubius University of Galati, Faculty of Law, matei.dorin@univ-danubius.ro

Abstract: The normal and balanced evolution of the social life imposes the resp ect of rules of conduct

regarding the rights and interests of all its members. Nobody has the right to violate or to disregard these

rights and, as a result, anyone who comes in conflict with to these rules must be r esponsible for his deeds or,

objectively, has to guarantee and bare cer tain risks. Therefore, the purpose of the present paper is to s tudy, by

examining each and every element, t he objective misdemeanor res ponsibility of the pare nts for the deeds of

their underage children, seen from the perspective of the Civil c ode into force, of the New Civil code as well

as of the French civil legislation.

Keywords: objective civil responsibility; prejudice; guilt

1. Introduction

The transformation of responsibility institution at conceptual level and also in point of its applicability

represents the main effect of the technical-informational explosion that rules the contemporary society.

The consequence of this accelerated evolution of society and, implicitly, of the social comfort that has

been created is the need to provide a severe system of social protection. Thus, aspects concerning the

guarantee of human rights, of a certain social category, of a minority, of the underage and, reaching to

the civil law field, the protection of the prejudiced person are more and more often approached. The

doctrine and jurisprudence have underlined the importance of re-establishing the equilibrium

destroyed by the damage and bringing the victim, on the expense of the responsible person, to the

status before the prejudice. (Malaurie, Aynes, & Stoffel-Munck, 2009, p. 11)

Starting from concrete aspects regarding the p arents’ conceptions about life and society, the way in

which they understood or managed to impose and transmit to their children values with a general and

particular character, in each age there can be noticed a special contribution to establishing those

arguments having a logical-juridical nature that concern the drawing of misdemeanor responsibility of

parents in case their underage child commit a derogatory deed. The XXth century brings to front the

role of family in applying or valorize the principle of the underage superior interest, being marked by

the understanding of the fact that, as a subject of right, it imposes the need of a special protection and

defense system, as a result of his physical and psychic immaturity.

Law no 272/2004 updated

1

, regarding the protection and promotion of the child’s rights, has a

pronounced social character, highlighting the essential role of preventing the separation of the child

1

Law no. 272/21 June 2004 was published in Oficial Monitor no. 557 of 06/23/2004, with the last additions of G.D. no.

9/2008.