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SOCIAL, PSYCHOLOGICAL AND LEGAL ARGUMENTS SUPPORTING THE OBJECTIVE SIDE OF THE CIVIL TORT OF PARENTS FOR THEIR CHILDREN'S UNDERAGE ILLEGAL ACT OR THOSE PLACED UNDER JUDICIAL INTERDICTION
Abstract
Based on the concept of civil tort conceptualization, this study will be focused on analyzing, in the current legislative context, the generated social and legal aspects of, on the one hand, the illegal acts of minors and of those placed under judicial interdiction, and on the other hand, the dynamics of the family environment that wishes to support a fundamental principle, that of ensuring the best interests of the minor. In order to support an objective basis of liability for the minor's act, apt to reflect the demonstrated legal reality, we have brought some arguments on the objectivity of this hypothesis. We have also suggested our proposals for improving the civil law which just took effect, where, according to our own opinion, they are necessary, along with the incidence of the advantages of supporting such hypothesis. Compared to the second view, we will analyze the regrettable situation of some Romanian families, which, although they have as basis the beneficial purpose of family prosperity, suspend the affective and social relationships of parents with their children in order to work abroad and it has, on numerous occasions, the repercussions that go beyond the civil, criminal illicit area. In this context, we will present in our paper the point of every argument intended to support or refute the possible interpretations of the article 1372 of the Civil Code and the recent changes in the matter, with reference to Law no. 257/2013 amending and supplementing Law no. 272/2004 on the protection and promotion of the rights of children. In order to achieve the proposed objectives there were used as research methods the doctrinal analysis views expressed in the specialized literature, the research documentation and the interpretive and comparative method.
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References11
The new Civil Code came into force on October 1, 2011 by Law no. 71/2011 for the implementation of Law no 297/2009 on the Civil Code;
Mirela Costache. The Role and the Current Valences of Civil Liability Principles and Functions, Acta Universitatis George Bacovia. Juridica, vol. 2, issue 2/2013, pp. 497-518;
Constantin Stătescu. Răspunderea civilă delictuală pentru fapta altei persoane/Vicarious liability for the acts of another person. 2nd Edition, Romania, 2009, Publisher Hamangiu, p. 2;
Mara Ioan, Aida-Diana Dumitrescu, Ion Iorga. Drept civil. Teoria generală a obligațiilor/Civil Law. The General theory of obligations, Universul Juridic Publishing, Bucharest, 2011, pp. 222-231;
Gabriela Lupşan. Some Legal Aspects on Acquiring the Quality of Parenthood. Acta Universitatis Danubius. Juridica, vol. 10, no. 1/2014, pp. 84-90;
We refer to the Romanian Civil Code, Law no. 272/2004 on the protection and promotion of children's rights, republished in 2014;
Fabre-Magnan Muriel. Droit des obligations/The law of obligations, vol. 2. Responsabilité civile et quasi-contrats/Civil liability and quasi-contrats. 2nd Edition, PUF, Paris, France, 2010, p 307.
M. Eliescu. Răspunderea civilă delictuală/Vicarious liability, Editura Academiei R.S.R, Bucharest, 1972, p. 249.
Mirela Costache. The Modern Theory of Objective Substantiation of Parental Responsibility for the Illicit Acts Committed by their Minor Children, Acta Universitatis Danubius. Juridica, vol. 5, no. 1/2009, pp. 140-147;
Lacrima Rodica Boilă. Noul Cod civil. Perspective privind răspunderea civilă delictuală/The New Civil Code. Perspectives on vicarious liability, C.H. Beck, Bucharest, 2012, pp. 58-102;
Oana Motica. Fundamentul răspunderii pentru fapta minorului şi a celui pus sub interdicţie judecătorească /The basis of liability for the acts of minor and the one placed under judicial interdiction, Universul Juridic Publishing, Bucharest, 2012, pp. 222-225.
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