Autor: Vasile LUHA
Publicat în: Revista Pro Lege nr. 2/2021
Disponibil online: aici
Cuvinte-cheie: răspundere legală, culpă profesională, standarde de comportament.
Questions and practical issues regarding the legal framework for assessing professional misconduct
Abstract: The material, in the field of fixing professional misconduct, suggests a methodology applicable in all situations where prohibited behaviors are not fixed by rules, being described only at the main level. In a legal liability report, the crime is the defining element: the objective element: any subjective assessment – predictive – cannot be determined if the expected standard of behavior is not known from the beginning. When the expressions of the positive norm are too vague – observing the particularities of the civil law – we can turn to the foundations, to the concepts that frame the civil life; this is because any professional exercise takes place – in its substance – only in the civil area; these concepts, beyond their generality, have the advantage that they link the normative exigencies to social, moral values: the option towards a certain behavior expresses indirectly and the option towards a certain value; the comparison of values puts at hand the one who has to decide – operator or magistrate – additional practical tools, other than those that would be provided by the comparison of behaviors; this, in the complex and inevitable process of weighting competing interests through the mechanisms of legal liability.
Keywords: legal liability, professional fault, delict, standards of behavior.
