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Record W629226840

The Conditions of Civil Liability within the New Civil Code

2012· article· en· W629226840 on OpenAlexaboutno aff
Jugastru Călina

Bibliographic record

VenueJurnalul de Studii Juridice · 2012
Typearticle
Languageen
FieldSocial Sciences
TopicLegal principles and applications
Canadian institutionsnot available
Fundersnot available
KeywordsLegal liabilityLegislatorLiabilityCivil codeLegislationObligationLawBusinessDebtorPolitical scienceStrict liabilityCreditorDutyLaw and economicsEconomics
DOInot available

Abstract

fetched live from OpenAlex

The Romanian new Civil code defines the civil non-contractual liability in a text largely inspired from Quebec’s Civil code. Every person has the duty to obey the rules of conduct that the law or local custom impose and to not breach, through his actions or inactions, the rights and legitimate interests of other persons. The civil contractual liability consists of the debtor’s obligation to repair the damage occurred to his creditor as a result of the non-fulfillment, inappropriate or delayed fulfillment of the obligations set by the contract. In the legislator’s vision, the varieties of civil liability are the contractual liability for one’s own acts and the contractual liability for another one’s acts. The illicit act is represented by the actions or inactions by means of which, a person, ignoring the rules of conduct settled by law or local custom, breaches the rights and legitimate interests of other persons. The damage consists of the harmful results of committing the illicit act. The illicit act and the damage are presented within the space dedicated to the conditions of the liability for one’s own acts. The causal relationship expresses the causal link between the illicit act and the damage, namely that the illicit act generated the harmful result. The new regulation does not bring changes to the manner in which the causal relationship was seen in the prior legislation. The wording “he who causes damage to another through an illicit act” is very clear in what the existence of this condition of civil liability is concerned. Expressly regulated in the framework of the liability for one’s own act, this condition is peculiar to the entire civil liability. Moreover, the illicit character of the act is given by the circumstance that it breached the rule of the objective law and caused damage to the subjective law of a person. The breach of the subjective right and expressis verbis, the violation of the legitimate interests bring about the consequences of civil liability. The forms of civil guilt (intention and fault) are explicitly described, no longer being necessary to resort to the Criminal code’s provisions.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

How this classification was reachedexpand

Full frame machine prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.

metaresearch head score (Codex)0.011
metaresearch head score (Gemma)0.030
Version: metacan-v3-hybrid-931329e0061cValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Theoretical or conceptual · Consensus signal: Theoretical or conceptual
GenreCandidate signal: Empirical · Consensus signal: none
Teacher disagreement score0.104
Threshold uncertainty score0.207

Distilled classifier scores by category (both heads)

CategoryCodexGemma
Metaresearch0.0110.030
Meta-epidemiology (narrow)0.0010.001
Meta-epidemiology (broad)0.0010.001
Bibliometrics0.0020.002
Science and technology studies0.0080.029
Scholarly communication0.0130.011
Open science0.0020.005
Research integrity0.0090.013
Insufficient payload (model declined to judge)0.0160.004

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.029
GPT teacher head0.343
Teacher spread0.314 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it

Classification

machine, unvalidated

Machine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.

The models applied no category: nothing in the taxonomy fit this work.
Study designTheoretical or conceptual
Domainnot available
GenreEmpirical

How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".

Quick stats

Citations0
Published2012
Admission routes1
Has abstractyes

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