CIVIL LIABILITY FOR ENVIRONMENTAL DAMAGE IN ROMANIAN LAW
Autor (i): Marian Bănică; Nicoleta ? Mariana Bănică
Abstract:
In a world of interdependence relationships, civil liability represents the legal relationship of civil liabilities in the environmental law in respect of its basis, functions and peculiarities. In as far as the entire corpus of legal provisions in our country is concerned, they have undergone modifications in alignment with the regulations in the European Comunity. Civil liability for environmental harm is regarded through the perspective of the new law provisions with updates up to 2017, such as the Government Emergency Order No. 1985/2005, updated up until 6th of April 2016, such as in view of the obligations of legal persons to cover the costs of the necessary measures meant to prevent and/or diminish the consequences of pollution. In the same direction, the Emergency Order No. 68/2007 regarding environmental responsibility, prevention and compensation for environmental harm, establishes a special regime for non-contractual liability of the economic operator which pivots around the event which causes the harm and around the nature itself of the occured environmental damage. Therefore, the work has a special significance for the understanding of the legal frame of environmental law and of the legal provisions which define and describe civil liability for pollution-caused damage in respect of the legal rule.
In a world of interdependence relationships, civil liability represents the legal relationship of civil liabilities in the environmental law in respect of its basis, functions and peculiarities. In as far as the entire corpus of legal provisions in our country is concerned, they have undergone modifications in alignment with the regulations in the European Comunity. Civil liability for environmental harm is regarded through the perspective of the new law provisions with updates up to 2017, such as the Government Emergency Order No. 1985/2005, updated up until 6th of April 2016, such as in view of the obligations of legal persons to cover the costs of the necessary measures meant to prevent and/or diminish the consequences of pollution. In the same direction, the Emergency Order No. 68/2007 regarding environmental responsibility, prevention and compensation for environmental harm, establishes a special regime for non-contractual liability of the economic operator which pivots around the event which causes the harm and around the nature itself of the occured environmental damage. Therefore, the work has a special significance for the understanding of the legal frame of environmental law and of the legal provisions which define and describe civil liability for pollution-caused damage in respect of the legal rule.
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