Identification of the natural person in the regulation of the new Civil Code and in the light of the European case law on disputed claims and of the judicial practice of domestic law Cover Image
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Identificarea persoanei fizice în reglementarea noului Cod civil și în lumina jurisprudenței contenciosului european și a practicii judiciare de drept intern
Identification of the natural person in the regulation of the new Civil Code and in the light of the European case law on disputed claims and of the judicial practice of domestic law

Author(s): Pavel Perju
Subject(s): Law, Constitution, Jurisprudence
Published by: Uniunea Juriștilor din România
Keywords: identification of the natural person; means of identification of the natural person; family name of the person; domicile; residence; civil status.

Summary/Abstract: In this article, the author analyzes extensively the regulations contained in the new Civil Code and in the special legislation referring to the means of identification of the natural person. The author’s points of view rely on a rich speciality literature and on an extended judicial practice relevant for the identification of a person by civil means. Each attribute of identification of the person is discussed and presented in detail, so that the reader may obtain a complete information on the subject-matters dealt with. When discussing the problems of identification of the natural person, the author also resorts to the conception of European law in the matter, reflected at the level of the Convention for the Protection of Human Rights and Fundamental Freedoms, also ratified by Romania, as well as of the ECHR case law on various aspects that are related to the private life of the persons and are relevant as attributes of their identification. Within the study, there are presented extensively the name and the domicile of the person established in the civil legislation as attributes of identification of the person.

  • Issue Year: 2016
  • Issue No: 07
  • Page Range: 32-65
  • Page Count: 34
  • Language: Romanian
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