International Product Liability

Product liability emerged as a stand-alone branch of law in Romania rather recently, during the last few decades. However, it is essentially grounded on "classical" civil law, which has acknowledged and regulated fundamental principles such as tort liability and contractual liability for more than a century. Product liability is thus based on the traditional civil law under the New Civil Code1 and the special statutes regulating product liability.

The major laws establishing the relevant legal framework in this field are: (a) Law Number 296/2004 on the Consumption Code, as amended ("Consumption Code"); (b) Law Number 240/2004 on producers' liability for damages caused by defective products ("Law Number 240/2004"); and (c) Government Ordinance Number 21/1992 on consumer protection, as amended ("GO Number 21/1992").

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