CONTRACTUAL LIABILITY AND TORT LIABILITY

In the research literature, the concept of civil liability is still under discussions and has many interpretations. Within the framework of liability for breaching the rights and obligations resulting from a contractual agreement, the illegal behavior is reduced to an encroachment of a right related to a deviation of a real behavior from a model enforced by the contractual agreement. This difference spotted in the research literature marks the limits between contractual and tort liability. The differences between these two forms of liability allow us to establish them as separate forms. Taking into consideration the limits of each of these forms, the lawgiver is guided by how these forms of liability can influence the participants of civil relations, by stimulating them to take the best decisions.