Respect due to the person and after his or her death, according to the Romanian Civil Code Cover Image

Respectul datorat persoanei și după decesul său, în concepția Codului civil român
Respect due to the person and after his or her death, according to the Romanian Civil Code

Author(s): Pavel Perju, Măglaș Alexandru
Subject(s): Civil Law
Published by: Editura Academiei Române
Keywords: human personality and legal personality; respect due to the dead, international and other states’ regulations; the conflict between prejudice to the memory of the dead and freedom of expression;

Summary/Abstract: The article explains, in light of tradition and of some philosophical, psychological, religious and moral concepts, why the Romanian Civil code accepted to regulate the respect due to the person even after the person’s death. Also, the study develops the exegesis of some of the existing regulations in international and domestic law, especially the provisions of art. 78, 80 and 256 of the Civil Code, with references to the case-law of the CJEU and of the national courts.

  • Issue Year: 2021
  • Issue No: 4
  • Page Range: 55-73
  • Page Count: 19
  • Language: Romanian
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