Dreptul la libera exprimare – drept subiectiv şi limită a dreptului la viaţa privată
Right to freedom of expression – a subjective right and a limit of the right to privacy

Summary/Abstract: Considering that the New Civil Code enshrines the right to freedom of expression (art. 70), this work intends to describe the respective right from its both sides: as a personality subjective right and as a limit of the personality rights, in general, and, specifically, as a limit of the right to privacy. Within its first meaning, it confers certain prerogatives (powers) to its subjects, at the same time protecting their interests; within the second meaning, its exercise allows the subjects to prejudice the other personality rights, and this prejudice may not be deemed unlawful. Moreover, our intent was to show how the dispute between these two competing rights – equally protected by the European Convention on Human Rights and by the domestic laws, is solved – in the case law, especially that of the European Court of Human Rights.

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