Aspecte teoretice privind regimul juridic al sancţiunilor civile

Abstract

The concept of civil sanction, which means basically an indispensable reference pillar for the functioning of any social construction, creates an image of a common natural characteristic that is a matter of course for any lawyer, but if we analyze this institution closer, we note the fact that this is because of its importance which cannot be neglected, its features, characters as well as its practical concrete applications that advertise a study of an inspired depth. The civil sanction means taking some disadvantageous measures against those who have violated the civil rights of the legal entities, respectively, the patrimonial or the personal and non patrimonial ones. They can be applied to both subjects of law, the individual and legal persons. The civil law sanctions are applied regardless to the personal circumstances of the author’s illegal actions or the frequency of repetition of the offence or the quasi-offenses. The source of civil law sanctions resides either in a regulatory or a manifestation of the will of the agents for this purpose (such as for example: criminal clause).Its application is not conditioned by an essential intervention of the courts or other judicial bodies. The execution of civil legal sanction can be done voluntarily, without the intervention of the coercive force of the State, the latter being a specific hypothesis for other branches of law, too.