Calina Jugastru

The Damage - Romanian Ladmarks Within the European Context Calina Jugastru

We did not follow any classical scheme of presentation of the damage institution. We configured its physiognomy, as it emerges from the texts of the new Romanian Civil Code. We followed the line of the regulation, from the presence of the damage within the general coordinates of civil liability and among its conditions, the relationship with the justificatory cases, the conditioning of all forms and varieties of liability, to the regulation dedicated to the injury brought to the bodily integrity or health, the damage resulted from the breach of personality rights, the damage resulted from a contract and the special regimes of compensation to which the Code makes express reference. We only opened the door to the fascinating regulation of the damage in the new Romanian Civil code. We thought about some thematic areas in which the damage takes peculiar forms of expression. There is room for much reflection ? placed, inspired, reconciled with the tendencies of the jurisprudence and relevant doctrine. The legislative gesture of 2011 deserves to be continued ?constructively- through comments, debates and proposals ? modern but timeless, firm but flexible.