Prejudiciului

Prejudiciului is the genitive form of prejudiciu, a Romanian legal term referring to the harm or damage suffered by a person as a result of another’s fault, breach of contract, or other wrongful conduct. In Romanian law, prejudiciu encompasses both material (economic) losses and non-material (mould or moral) harm, often categorized as prejudiciu patrimonial and prejudiciu moral.

The concept is central to civil liability. To obtain compensation for prejudiciu, the injured party typically must show the existence of the prejudice, a causal link to the defendant’s fault or breach, and, in many cases, fault or illegality. The usual remedy is despagubire (financial compensation) and, where appropriate, restitution or other forms of reparation. In some contexts, the obligation to repair prejudiciu can arise from contractual liability or delictual (tort) liability, and there may be circumstances of strict liability.

In criminal proceedings, prejudiciu may be repaired through the state’s action or through victims’ civil claims, which can be pursued within the criminal process or in a separate civil action. Prescription periods for actions to recover prejudiciu vary according to the legal basis and applicable statutes.

Romanian law uses related terms such as pagubă (actual loss) and daune (damages). While prejudiciu emphasizes the harm and its causal connection, in everyday language these terms are often used interchangeably. Etymologically, prejudiciu derives from Latin prejudicium and has parallels in civil-law jurisdictions under the broader concept of damages or injury.