Interpretation of the Provisions on the Parental Responsibility for the Actions of Minors or those under Judicial Interdiction

Abstract

The changes in the Romanian civil law aimed the issue of tort liability, i.e. the liability of parents for the infringements committed by their children and those placed under judicial interdiction, issues that we will develop within this paper. Without the stated ambition to exhaust the subject, the research aims at a rigorous contribution to the presentation, in the well-known context of the new civil regulations entered into force on 1 October 20112. Therefore we analyze the provisions of Article 1372 of the Civil Code which, over its three paragraphs, develops the hypothesis of assuming the liability of the parents and other categories of respondents for the illegal acts committed by minors or placed under judicial interdiction. We specify that this form of vicarious liability is established as an effective guarantor of the one called to respond, ensuring by the law to repair the damage caused to the victim.

Keywords

• minor; court prohibition; tort liability; parent; guardian