THEORETICAL AND PRACTICAL ASPECTS OF THE PRINCIPAL'S LIABILITY FOR THE ACT OF THE DEFENDANT

Abstract

This paper aims to present some theoretical and practical aspects of the principal's liability for the act of the defendant. Thus, we have proposed a brief review of the basic notions of the principal's liability for the acts of the defendant, the seat of the matter and a brief comparison between the old regulation and the provisions of the current Civil Code. We do not wish to summarise all the elements that make up this vast institution, but simply to focus on some practical elements whit importance in the economic resolution of legal problems involving the liability of the competent person for the act of the defendant. The central elements in which we have recorded landmark decisions on the subject, handed down or validated by the supreme court, concern, on the one hand, the delimitation of the principal's liability for the act of the defendant from contractual liability and, on the other hand, the principal's right of recourse and the removal of this right through the concrete possibility for the defendant to prove the principal's own fault. Finally, it should not be overlooked that this institution is also often applied in criminal proceedings, when the principal is called upon to respond as a civilly liable party, an aspect which also gives rise to a more or less apparent problem with regard to the application of res judicata in criminal matters in civil matters.

Keywords

• principal
• tort liability
• defendant
• damage
• work report