The aim of this article is to analyze the liability for damage caused by a failure to issue a legislative act, as regulated in the Civil Code. It is a “new” legislative solution, rated under the regime of the liability for damage caused by the exercise of public authority. The article indicated the origins of the regulation and conditions of the application of article 4171 § 4 of the Civil Code which regulates the tort called “normative lawlessness” in the form of a failure to issue a normative act whereas the duty to issue the latter is set forth in legal provisions.