Open AccessTortious Civil Liability in Environmental Law
Author(s) -
Gabriela Nemţoi,
Cristian Ungureanu
Publication year - 2021
Publication title -
european journal of law and public administration
Language(s) - English
Resource type - Journals
eISSN - 2559-7671
pISSN - 2360-6754
DOI - 10.18662/eljpa/8.2/157
Subject(s) - tort , legislator , liability , law , obligation , legal liability , strict liability , sanctions , legislature , constitution , delict , political science , business , law and economics , private law , legislation , public law , sociology , black letter law
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.