摘要：In the absence of an Environmental Code - strongly requested and upheld by the entire specialized literature . liability for environmental damages is regulated by other legal texts, among which article 1000 alignment (1) of the Romanian Civil Code in force. The legal provisions of the latter are nevertheless applied only if the prejudice caused to environment by pollution does not enter in the legal area of the Government Emergency Ordinance No. 195/2005 on Environmental Protection, in the form completed and modified on several occasions, including the year 2008. But at the same time, all the issues regarding liability for environmental damages should also be analyzed by referring to the provisions of article 1376 alignment (1) of the new Civil Code, given the fact that, according to specialized literature, these legal regulations constitute, just like those of current Civil Code, the common law within the field debated. As a consequence, the present work shall be analyzing in a synthetic comparative manner the provisions of the normative acts mentioned above, with strict reference to the grounds on which liability for environmental damages is based. In our opinion, after such an analysis, there will be possible to make a relevant assessment of the advanced character evinced by the provisions of the new Civil Code, even if their connection with the field of liability for environmental damages is purely incidental
