ro fr
universul juridic magazin

Protection of non-patrimonial rights with special regard to the rights of personality in the concept of the Civil Code

Despite the absence of the specific provisions that should classify them, the rights of the personality gave rise to various decisions, which sanctioned the violations of these rights. On the other hand, doctrine oscillated and is still oscillating between their qualification as assets, thus relating them to the ownership right, and as subjective rights, referring to the principle of tort liability. The New Civil Code contributes to the settlement of this issue by instituting new provisions governing the matter of rights of personality, including the defense of these rights. During this period of uncertainty and of setting up the future law, the authors added their support to the already expressed opinions, proposing an examination of the new legal provisions in the matter of protection of the rights of personality. In this respect, this article is intended to demonstrate the usefulness of these legal provisions – however, emphasizing also their gaps – and develop the non-patrimonial remedies (defensive actions), the pecuniary remedies (remedy actions), as well as the temporary provisional actions which may be taken by the judge within a simplified procedure, in order to ensure the subsequent enforcement of the decision and to organize a provisional status of the parties.