ro fr
universul juridic magazin

Right to dignity in the conception of the Civil Code

The dignity of the human person represents one of the most obvious and complex concepts which the jurists have been forced to give further consideration in recent years. The complexity of dignity arises from its almost non-legal nature: the dignity represents a fundamental feature of the human being or a postulate of civilization of which law has to take note of. It cannot be conceived that the dignity should be denied and that the legal order should ignore it. As it is an expression of the people’s value, the dignity may be confused with the concept of humanity; “the law sanctions philosophy in this case”. That is why, the concept of dignity should be approached with due caution. The presence of a dignity principle in our legal order is thus indisputable; however, the respect for the human being’s dignity could be presented as a subjective right, as shown in art. 72 par. (1) of the Civil Code. Taking into consideration the uncertainties arisen in the debates about dignity, our approach intends to consider, on the one hand, the conceptual definition of dignity by examining the object and the legal nature of the dignity and on the other hand, the functional opinion which demonstrates which purpose the dignity serves for, in other words, the functions of the dignity and its practical applications. The regulation of the right to dignity in the Civil Code has to be considered as a welcome change.