The issue of liability for non-patrimonial prejudice within the legal labor relations

• Author: Radu-Gheorghe Florian
• Position: Law and Economics Faculty, Social Sciences Department Agora University of Oradea, Oradea - Romania
• Pages: 60-71

AGORA International Journal of Juridical Sciences, www.juridicalj ournal.univagora.ro

ISSN 1843-570X, E-ISSN 2067-7677

No. 3 (2013), pp. 60-71

60

THE ISSUE OF LIABILITY FOR NON-PATRIMONIAL PREJUDICE

WITHIN THE LEGAL LABOR RELATIONS

R. Gh. Florian

Radu-Gheorghe Florian

Law and Economics Faculty, Social Sciences Department

Agora University of Oradea, Oradea, Romania

*Correspondence: Radu Gheorghe Florian, Agora University of Oradea,

8 Piaa Tineretului St., Oradea, Romania

E-mail: raduflorian@rdslink.ro

Abstract

This study aims to examine the extent to which legal liability for non-material

prejudices and moral prejudices is allowable in the field of legal labour relations, in the

context of contest for regulations governing non-patrimonial prejudices in Romanian

legislation.

Keywords: material prejudice, non-patrimonial and moral prejudice, patrimonial

liability, civil liability, delictual liability, contractual liability.

Introduction

Prejudice means damaging results of patrimonial or non-patrimonial nature, effects of

violations the subjective rights and interests of a person.

1

Economic prejudices are those that have economic content, which may be assessed

pecuniary, such as the destruction or degradation of property, theft of property, killing an

animal, injuring a person's health followed by reduction or loss of labour capacity and

regular earnings: loss, in whole or in part, of a property right, such as, for example, the right

to maintenance, etc.

2

Non-patrimonial prejudices or material damages are harmful consequences that can

not be monetised and result from violations of personal rights, with no economic content.

Extra-patrimonial rights define the individual human personality. Such harmful consequences

are death, physical and mental pain, injuries that affect physical harmony and a person's

appearance, injuries to reputation, honor, dignity, prestige or reputation of a person,

restricting the possibilities of the human being to enjoy the satisfactions and pleasures of life

etc.

3

1. Term of moral prejudice

Unlike the old Civil Code that contained no provision for moral prejudice, the new

Civil Code that came into force on October 1, 2011, regulates the repairing of non-patrimonial

prejudice in several articles grouped in the field of civil liability (delictual and contractual)

and in the field of protection of non-patrimonial rights (art. 253-256).

It is noted the terminology adopted by the legislature, of “non-patrimonial prejudice”

towards other regulations that refer to “moral prejudices”, such as administrative contentious

law, the law of combating unfair competition.

1

I. Albu, V. Ursa. Rspunderea civil pentru daunele morale, Dacia Publishing House, Cluj-Napoca, 1979,

p.29.

2

L. Pop, Drept civil. Teoria general a obligaiilor, “Lumina Lex” Publi shing House, 2000.

3

C. Sttescu, C. Bârsan, Drept civil. Teoria general a obligaiilor, “Hamangiu” Publishing House, 9

th

Edition,

2008, p. 148.