AN ATYPICAL FORM OF CIVIL LIABILITY – THE LIABILITY FOR THE ENVIRONMENTAL DAMAGE
Journal Title: Challenges of the knowledge society ( Provocari ale societatii cunoasterii ) - Year 2019, Vol 11, Issue 13
Abstract
The problem of environmental pollution is one of the most serious of today’s society, with the consequence of deteriorating man’s living conditions and the development of the future civilization. Environmental law appears as a mixed right, being at the limit of public law with private law, and thus the right of civil liability can be considered as a means of enforcing environmental regulations , with the same title as administrative law. Thus, civil liability does not make distress between damage (damage) and as such extends to the ecological field, the two cohabiting, based on interfering principles: the precautionary principle, the polluter pays principle and the principle of prevention. Art. 44 para. Article 7 of the Constitution refers to the protection of the environment in the scope of the right to property: “The right to property oblige to observe the tasks related to the protection of the environment and to ensure good neighbourliness, as well as the observance of the other tasks which, according to law or custom, belong to the owner”. As regards the responsible person / person who may request the prevention or repair of environmental damage, it is necessary to consider, first of all, the general provision of art. 94 par. 1 lit. i from GEO no. 195/2005, which establishes the “polluter pays” principle. Also, Art. 1 of GEO no. 68/2007, which is a special law, states that environmental liability is based on the “polluter pays” principle, both for the purpose of preventing and repairing environmental damage
Authors and Affiliations
Florin Octavian BARBU
Keywords
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