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Tortious Civil Liability in Environmental Law

Author

Listed:
  • Gabriela Nemtoi

    (Associate Prof. PhD, “Ştefan cel Mare†University of Suceava)

  • Ciprian Gabriel Ungureanu

    (Lecturer. PhD. ’’Ştefan cel Mare†University of Suceava)

Abstract

Tort liability consists in the obligation of the one who has committed an injury to indemnify the injured party. Tort liability is a legal operation which, according to the Civil Code, when an unlawful act causing damage is committed, the reverse means compensating the injured party. In the case of the environment, the one who harms is not always sanctioned, so in the case of this issue the legislator has developed a rather broad legislative framework. The common law has become applicable in the field of the environment based on the provisions of art. 135 para. (2) lit. e) of the Constitution, which stipulates that , which stipulates that , which stipulates that, the environment is an area that must have a legal protection so that the state maintains a permanent ecological balance. Rehabilitation of the environment is done by applying sanctions to those concerned. So the institution of tort liability is an instrument in the gear of environmental protection.

Suggested Citation

  • Gabriela Nemtoi & Ciprian Gabriel Ungureanu, 2021. "Tortious Civil Liability in Environmental Law," European Journal of Law and Public Administration, Editura LUMEN, vol. 8(2), pages 26-34, December.
    • Handle: RePEc:lum:ejlpa1:v:8:y:2021:i:2:p:26-34
    DOI: https://doi.org/10.18662/eljpa/8.2/157
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    More about this item

    Keywords

    the existence of a prejudice; the existence of an illicit deed; environmental law; ecological balance;
    All these keywords.

    JEL classification:

    • K10 - Law and Economics - - Basic Areas of Law - - - General (Constitutional Law)
    • K12 - Law and Economics - - Basic Areas of Law - - - Contract Law
    • K15 - Law and Economics - - Basic Areas of Law - - - Civil Law; Common Law

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