Collision. Tort liability. Exchange rate differences. Obligation of the defendant to fully cover the damages inflicted on the plaintiff

Constanta Court (Civil Decision no. 471/MF/01.11.2002 – unpublished) with good reason decided

within a tort liability action aiming at the obligation of the defendant to pay exchange rate

differences arising from the repair of the ship damaged due to the ship property of the defendant,

that the upholding of the action in respect of the provisions of article 1084 of the Civil Code

is necessary. The Court held that the defendant, due to the finding of his fault in relation

to the damage of the ship belonging to the plaintiff, is liable both for the actual damage

and loss of earnings, the defendant being held liable both for the predictable and unpredictable

damages.