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LIABILITY FOR THE PREJUDICES CAUSED BY THE EDIFICE RUINS IN THE REGULATION OF THE CURRENT CIVIL CODE

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Author(s): Moise BOJINCĂ

Journal: Annals of Constantin Brancusi University of Targu-Jiu : Juridical Science Series
ISSN 1844-7015

Issue: 1;
Start page: 35;
Date: 2013;
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Keywords: liability | prejudice | ruins | edifice | edifice ruin.

ABSTRACT
The current civil code regulates the liability for the prejudices caused by the edifice ruin in art. 1378, separately from the liability for the prejudices caused by things regulated in art. 1376. This distinct regulating method means that the liability for the edifice ruin is a distinct type of tort civil liability with specific rules and conditions, which also results from the regulation of the civil law from 1864.We think that the current regulation, through the completions made in texts has certain vagueness and even confusion. We are referring first of all to the disjunctive use of the phrase “of a construction of any type”, together with the word edifice” as if they are not synonymous. At the same time, by the way the text is made, it means that liability occurs not only if the prejudice is caused as a result of the edifice ruin, but also when the prejudice is the result of detaching a part of it.
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