RĂSPUNDEREA CIVILĂ A FUNCȚIONARILOR PUBLICI. INCONSECVENȚE ȘI OMISIUNI LEGISLATIVE ȘI JURISPRUDENȚIALE

The following study critically analyzes the civil liability of the civil servants. It is estimated that it
is about a contractual liability, however different from the patrimonial liability and from the material
liability, regulated in the case of employees, respectively of the military and of other categories of
personnel.
The cases of civil liability of the civil servants are presented, as well as the conditions of this
form of liability.
Special attention is paid to the procedure of reparation of damages (imputation order or
disposition and the payment commitment), including with regard to the former civil servants.
Key words:
payment commitment; authority; public institution; imputation decision/disposition/order; illicit
deed; civil servant; obligation of restitution; injury; civil liability; material liability; patrimonial liability;
guilt.