PREJUDICIUL BIOLOGIC - O NOUĂ FORMĂ A PREJUDICIULUI NEPATRIMONIAL

Abstract

Any person who causes damage to another (including non-patrimonial damage) through an illegal act, committed with guilt, is obliged to repair it, being liable for the slightest fault. So,the four general conditions for the engagement of tortious civil liability are: the commission of an illegal act, the guilt of the perpetrator, the existence of a damage and the direct causation between the illegal act and the damage. In order to be in the presence of a biological damage, the legislator requires the existence of the injury to a supreme value such as the right to life and health. Although the basic principles and national legal provisions are similar to those of the analysed states, the judicial practice regarding the amount of damages awarded is different. This fact is due to the lack of a normative framework that would regulate the mechanisms for implementing the legal provisions regarding biological damage.