Did you know that in some cases you can be legally liable for your children, according to Romanian law? Learn more from our lawyers, below!

When are you legally liable for your children, according to Romanian law? 

Are you a parent, guardian, or even a minor and want to understand how liability for minors works and what it is based on? Find out below!

Conditions for liability. General Conditions:

1. the tort
2. the damage
3. the causality relation

Specific Conditions:

1. the perpetrator must be a minor – this condition must be met at the time of the offense.
2. the act must have been committed while the minor was under the supervision of the person responsible for them. Supervision involves the right and duty of a person to control, direct, and organize the actions of the minor who committed the tort.

Who is responsible for the minor?

According to the Romanian Penal Code, liability is personal. Thus, a minor under 14 years old is presumed to lack discernment and will not be held liable, nor will any other person be held liable for the minor, as everyone is responsible only for their own actions.

Under the Romanian Civil Code, the person obligated to supervise the minor will be held liable, based on the law, a contract, or a court decision. It is irrelevant whether the supervision is provided for a fee or free of charge.

This person could be a parent, guardian, teacher, or even a nanny.

Can a minor be held responsible for their own actions?

Romanian Penal Liability: No.

-minors under 14 years old will not be held liable under any circumstances.

-minors between 14 and 16 years old will be held liable only if it is proven that they had discernment. 

Romanian Civil Liability: Yes.

A minor can be held responsible for damages caused, regardless of whether they are under 14 years old, if it is proven that they had discernment at the time of the act, according to article 1366, paragraph 1 of the Civil Code.

Generally, the injured party will not have an interest in proving the minor’s discernment, as the minor is unlikely to have sufficient funds to compensate for the damage.

Can parents or guardians be exonerated from liability?

Yes, if they can prove that the damage caused by the minor was not due to their negligence and that they fulfilled their obligations under parental authority. They must also demonstrate that they could not have prevented the harmful act. This is outlined in article 1372, paragraph 3, second sentence of the Civil Code.

In practice, however, this is challenging to prove, as one of the parental duties under article 487 of the Civil Code is to educate and raise the child. In some cases, it may be more difficult for parents or guardians to escape liability.

How is the responsible person held liable?

Under tort liability, the responsible person must cover the damage caused, as per the Civil Code (article 1372, paragraph 1).

The injured party may choose whether the liable party is the minor, the person tasked with supervising them, or both, with the latter being jointly liable.

What happens if the minor is encouraged by someone else to commit an offense?

In Romanian civil law, the situation remains the same: a minor under the age of 14 is not held liable. But who is responsible in this case? The person entrusted with the minor’s supervision, and this responsibility falls under civil law.

In Romanian criminal law, only the person who encouraged the minor will be held accountable, but not as the minor’s supervisor. Instead, they will be held liable as an instigator, accomplice, or even co-perpetrator.

  Zinculescu Elena-Adriana

Legal intern R&R Partners