Some Consideratins about the Concept of Tort Liability in the new Civil Code

• Author: Mirela Costache
• Position: PhD in progress 'Danubius' University of Galati
• Pages: 140-147

JURIDICA

140

The Modern Theory of Objective Substantiation of

Parental Responsibility for the Illicit Acts Committed by Their

Minor Children

Assistant Professor Mirela COSTACHE, PhD in progress

“Danubius” University of Galati

mirelacostache@univ-danubius.ro

Abstract: Generically speaking, the responsibility exceeds the law domain, but its most

relevant forms usually take legal forms. The current coordinates of parental liability for the acts

committed by their children know objectifying tendencies of t his type of liability. The current tendency

in the literature and legal practice is that of extending p arental liability, to the extent in which the guilt

(through its defining features) faces a serious identity crisis. Facing these realities the legal doctrine and

jurisprudence had the no easy task of renovating the traditional legal institutions, by th e deep

transformation and adaptation of the new social needs.

Keywords: liability, tortuous civil liability, fault, prejudice

It was consistently stated that civil liability is the biggest star of modern civil

law. Substantiating this legal concept is and it will be determined by the great

changes that the human society ever knew, especially in the European area and

within the last two centuries.

Accelerated rhythm of economic development and the changes that have

occurred in the social structure, determined by scientific-technical and informational

revolution made the lives of people to bear the imprint of an existential anguish and

generating difficulty in maintaining the care and prudence necessary to avoid the

damage to society members. Thus, to point out the fundamentals tortuous civil

liability, and extending the problematic issues which will be discussed, that is

parental responsibility for the illicit acts committed

by their children, is a welcomed

approach for any jurist. And not only! Also the philosophy, by its ontological

categories of determinism, namely causality, effect, necessity, finality,

responsibility, allows a jurist to better penetrate into the essence of that concept,

which is so present in almost all branches of law. These categories highlight the fact

that nothing happens without a reason, causality is omnipresent even in the realm of

law. It is this kind of causal relationship between parental duties and the facts of

their minor children that is the subject to this approach, endeavoring in the

specialized literature the objective substantiation tortuous civil liability, to which

there are attached the theory of substantiating the precaution and preventing function