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universul juridic magazin
Revista Română de Drept Privat

Rights of personality. Characters and limits

The new Civil Code, for the first time, regulates the respect due to every individual and his/her inherent rights in Chapter II of Title II – „Natural person”, Book I. These rights are contemplated in a non-exclusive list in art. 58 paragraph (1)NCC: right to life, to health, to physical and psychical integrity, to dignity, to have his/her own image, to have his/her private life respected. The rights of personality were construed starting from the basic characteristics of the human being; however, they belong to the legal entity, as well (art. 257 NCC), at least for all attributes which are inseparable from the human condition. The new Civil Code provides us the opportunity to examine a small part of the issue raised by the regulation of these rights: their characters and limits. Indeed, on one hand, the rights of personality for the purpose of the private law, have several characteristics which differentiate them completely from the patrimonial rights (strictly personal, absolute, unalienable, extra-patrimonial rights) and, on the other hand, as any other subjective right, the rights of personality are susceptible of limitations arising either from the legislators’ will, or from the right owner’s will.