Theoretical and practical analysis of guilt as an essential condition or element of the civil legal liability

Abstract

The issue of civil guilt acquires currently a special importance and at the same time it has the chance of some progressive settlements accommodated to the dedicated solutions in the major legal systems. In the specialty literature of the country and abroad it was spoken and it is spoken about a difficulty of the guilt, by a withdrawal of the civil subjective liability, by a lessening of the social value of the guilt, as its tool to measure the antisocial behavior. Some authors from the field, on the other side, emphasize the high morality of the civil law that suppresses the guilt under various forms, making it the essential condition of the legal liability. The purpose of the present article is to highlight the peculiarities of the guilt as a condition or essential element of civil legal liability, to establish the role, the place and the possible end for this notion.