Danubius International Conferences, 11th International Conference on European Integration - Realities and Perspectives

The Analysis of the Functions of Civil Liability. Constants and New Valences

Mirela Costache
Last modified: 2016-04-03


Occupying a prime position next to the current national law, within the new civil regulations, the civil liability claims the same two classic functions, the restorative and the preventive-educational one. Enacted under the general desideratum of maintaining social order, and in particular the defense of subjective rights of man, of respecting the rules of conduct that the law or local custom impose, the first two paragraphs of Article 1349 of the Civil Code shall formulate, without being ambiguous, the ideational content of the two functions governing cumulatively the civil liability: the preventive and restorative function. Using content analysis, through documentary descriptive research and rich analysis of the specialized literature, this study aims at identifying the contents of the above mentioned concepts, presenting a point of view on the regarded issue.