Daunele punitive în Common Law. În România, acest tip de daune...

tamba_adrian[at]law.ubbcluj.ro

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  • ADRIAN TAMBA

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punitive damages, Common Law

Rezumat

Punitive damages are meant to punish and deter. Also, they have a role in appeasing the injured person and assuaging any urge for revenge. Punitive damages are a creature of the Common Law. Yet, a mixed jurisdiction as Québec embraces these punitive damages.
In Romania, art. 906 of the Code of Civil Procedure talks about “penalties”. In 2017, Romania’s highest court analyzed said “penalties”. One question comes to mind: does Romania (i.e. a Civil Law country) believe in punitive damages (i.e. are the “penalties” mentioned by art. 906 a sort of punitive damages)?

Publicat

13-09-2022 — Actualizat în 24-04-2023

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