Liability for Damage Caused by Dangerous Situations and Activities to the Environment

Abstract

Our study focusses on the relationship that exists among the fundamental institutions of the civil law – the delictual responsibility – that reprezents a problem for the judicial practice. We especially insist on the general responsability regarding the prejudices caused by things, except for special situations regarding the dangerous things and activities. The discussed aspects are debated according to the latest Romanian regulation in this field of activity, doctrine debates and solutions of the judicial practice. We shall highlight the way in which the new Civil Code and its developer regulations put their mark upon the adopted solutions after its entry into force. Likewise we will highlight the Romanian legislator efforts to allign the Romanian legislation from this field, to the Communitary Law rules by transposing certain directives which bring more clarity and light upon: the concept of damage caused to the environment (environmental damage); the topics of the report about legal liability in this case; preventive actions and measures but also remedial, the competences of public authories; basis for liability, the legal nature of this liability.