Constanţă şi evoluţie în apărarea drepturilor personalităţii – drept român şi european
Consistency and evolution in defending the personality rights – Romanian and European law

Summary/Abstract: The new Romanian Civil Code acknowledges the personality rights (under this name), governing a mixed combination of protective measures. Alongside the nonmaterial remedies, the purpose of which is rather to prevent new unlawful acts, the remedies appeal to the compensation due to the victim, once the injurious act has been committed. It is true that the nature of the infringed right generates adjusted nonmaterial remedies, and the role of the court is to customize them – by examining the consistency of the nonmaterial remedy with the particular circumstances of the case, screening out the nonmaterial remedy in the light of the opportunity. On the other hand, the material remedy shall not involve fewer difficulties. The works for assessing the damage subsequent to the breach of the personality rights shall face the lack of certain criteria in the substantive law. The applications for indemnification impose a balance between the excessive “sanction” of the author of the unlawful act and the attempt to give the victim some amounts, which may become enrichment sources. The solutions have to circumvent equity, so that the indemnification may represent the remedy of the damage suffered even if it is difficult to image to restore a nonmaterial right (within the meaning of restitutio in integrum).

• Details
• Contents