The High Court of Justice decided in the contractual liability, the contract is the only one which proves the preexistence of obligation, to the fault of the debtor not to be executed, so the subject sample in this liability consists of establishing the contractual fault and the amount of prejudice. In this case, the High Court noticed the fulfillment of the conditions requested to determine the contractual civil liability, also to the debtor illegal act whom through the devastation provoked has not fulfilled its contractual obligation to leave space at the end of the lease in the same running order, and the damage represented by the replacement value of damaged compartments. The illegal act of the defendant and the prejudice results from the samples administrated in this case, the judicial expertise report and the extra-judicial expertise report undisputed by the defendant. In consequence, being fulfilled the conditions of contractual civil liability, the High Court decided that the court of appeal has wrongly stated the lack of prejudice cause by the defendant, as a result of the solution pronounced in a criminal case in which was ordered the removal of a criminal investigation of the restaurant owner.
>> The source: JURIDICE.ro