CONDITIONS OF CONTRACTUAL CIVIL LIABILITY
Journal: The Journal CONTEMPORARY ECONOMY (Vol.7, No. 4)Publication Date: 2022-12-31
Authors : Ana-Maria VASILE;
Page : 24-29
Keywords : liability; contract; obligation; prejudice.;
Abstract
Social relations are governed by the rule of law. Through this regulation, the legislator takes into account the conditions under which the norm can and must be achieved, its ability to model behaviors, leading them on a path considered socially useful. At the same time, the legislator is considering the possibility of violating the rule through misconduct. Thus, the violation of the provisions of the legal norms attracts the legal responsibility of the guilty person. In the traditional conception of contractual liability, this is closely linked to the idea underlying the principle of binding force of the contract. Since the contract has the force of law in the relations between the parties, it is considered that each party must be liable for any non-compliance with its "law", respectively for violation of the "private rule" that the contract generates. Civil liability is a form of legal liability that consists of a report of obligations under which a person is obliged to repair the damage caused to another by his deed or, in the cases provided by law, the damage for which he is liable. As a legal institution, the civil liability consists of all the legal norms which regulate the obligation of any person to repair the damage caused to another by his extracontractual or contractual act for which he is called by law to answer.
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