DIFFICULTIES OF THE EVALUATION OF CORPORATE DAMAGE

Abstract

The Romanian Civil Code follows the internationally promoted line in the right for repairing the corporeal injury. First of all, it uses a new classification of the prejudices - a tripartite classification of the Quebec Civil Code: material damages, non-patrimonial damages and corporeal damages. It is then welcomed the regulation (even incompletely) of some of the non-patrimonial components of the corporeal prejudice (such as the recreational prejudice, in article 1391 paragraph 1 of the Civil Code); the regulation of the reparation forms, both for the material damage and for the extra-patrimonial damage; the regulation (again, incomplete) of the non-patrimonial damage of the indirect victims (damage by ricochet); regulating the prejudice consists in losing the opportunity, the source being the offense or the contract; the inclusion, in the reparable damage, of the expenses incurred in order to avoid or minimize damage.