RÃSPUNDEREA CIVILÃ DELICTUALÃ PENTRU RUINA EDIFICIULUI

The author believes that tort liability for the “ruin of building” (regulated in a similar manner in the current Romanian Civil Code – art. 1002 –, and in the new Romanian Civil Code – art. 1378 –, the latter not yet in force) was erroneously regulated as a special form of the liability “for things”, when, in reality, the liability for the “ruin of building” is simply a case of liability “for things” (art. 1000 paragraph 1 of the current Civil Code; art. 1376 of the new Civil Code). Also, the author severely criticizes the legal regulation in both Codes due to the fact that it limits the tort liability of the owner of the ruined building exclusively to the situations in which the ruin of the building is due to the lack of maintenance or to any construction fault.