The Impact of New Regulations of Civil Right on Some Forms of Legal Liability

Abstract

We approach the issue of legal liability as it appears in the branches of the private law, in terms of the monist conception which underlies the New Civil Code. This concept implies that in our legal system, the Code mentioned represents a common law for all relations of private life, thing which means that to the subject regarding traditional civil right, were added the other branches of private law, which in one way or another belonged once to the civil right. It is about the individual regulations, on family relationships, commercial relationships or those of private international law. The option for the new Civil Code is a monistic vision which accomplishes the effort of reshaping and reassessment of the traditional institutions of the old regulations, to make them able to respond to the demands of the new realities of Romania’s statute as an European Community’s member. Among the fundamental institutions of the Romanian law, strongly influenced by the monistic conception, is included the institution of legal liability, as it appears as a direct consequence of violating the norms of private law. We will emphasize the particularities that the responsibility presents, in some areas of private law such as: the Civil Code, commercial, family law, labour law. We shall insist upon the most significant aspects of general nature- the detailed ones are going to be developed later by the legal science.