Legal Sciences in the New Millennium
Duality of Categories of Persons for whom Civil Liability of Parents is
involved. Aspects of Civil Law and Family Law
Mirela P. Costache1, Tiberiu N. Chiriluţă2
Abstract: Objectives: In this study, we have analyzed the continuity of an old con cern, a brief aspect of
the broad issue of parental liability for the deed of a juvenile or a minor under court interdiction. Prior
Work: From the analysis of art. 1372 of the Civil Code the scope of this type of liability is easily noticed,
and in this paper we only analyze the category of liable persons for the purpose of repairing the damage.
Approach: In relation to the two categories of persons, that of the minor and that of the person under
court interdiction, there will also be highlighted interpretations from the field of family law, points of
view regarding situations arising from the interpretation of the text of the law. In addition, concepts such
as age, the presence or absence of minor discernment, anticipated exercise capacity, tort capacity will be
Keywords: exercise capacity; discernment; minor under court interdiction; age
The connotation that emerges from Descartes's statement “Before being parents, we were children”,
allows us to assert that the child is still at the center of the human universe. Beyond its social and
philosophical content, this assertion develops a few consequences in the legal terms, as it expresses the
child-parent-family relationship3, under all principles, rights and obligations, by directing our attention
to the content and the way of exercising the legal relations among parents and children. We will
develop in this study a particular aspect of this report, namely the “legal algorithm” whereby the law
obliges parents or guardians to be responsible and to repair the damage caused by their minor
children or the child without discernment. We therefore place at the center of the discussion an
analysis of the provisions of art. 1372 of the Civil Code, but also other texts of family law or special
laws with direct reference to this issue.
The minor, within the meaning of Law no. 272/2004 on the protection and promotion of the rights of
the child, republished and updated, the child, which we place in the center of the parental and
institutional concerns, is subjected by the human factor to many vulnerabilities, anxiety, consumerism,
challenges, morals, deprivation. These circumstances, along with belonging to a particular subculture
or inappropriate models to which they are attracted, cause them to act in directions that draw the illicit,
and implicitly, the sanction. If in criminal law the liability is a personal one and it cannot be
1 Senior Lecturer, “Dunarea de Jos” University of Galati, Romania, Address: 47 Domnească Str., Galati 800008, Romania,
Tel.: +400336 130 108, Corresponding author: firstname.lastname@example.org.
2 PhD in progress, “τvidiu” University, Constanta, Romania, Address: 124 Mamaia Blvd., Constanța 900527, Romania, E-
3 For a point of view that reflects the sociological and legal perspective of the family see (Lupşan, 2001, pp. 6-10).