Răspundere civilă delictuală. Prejudiciu cauzat prin încălcarea dreptului la propria imagine
Civil tort liability. Prejudice caused by violation of the right to one’s own image

Summary/Abstract: The study is devoted to the institution of civil tort liability, namely the matter of reparable prejudices, with a special look at the special assumption of liability consisting in the damage to the right to one’s own image, as a right of the human personality. The analysis has as its starting point the presentation of a case-law solution, whereby the court has awarded civil damages for non-property prejudices caused by committing an illegal act, consisting in the launching, without the consent of the complainant, on a social networking site of wide circulation – Facebook, of a blog for public debates about his professional work, in which he has used his image, without obtaining prior consent.As objectives of our research, we have established the conditions for the reparable prejudices under the tort liability, followed by an analysis of the special liability assumption by bringing prejudice to the right to one’s own image, as right of personality. In the realization of the study, through the results obtained, we have found that this way of approaching the topic by presenting a case study followed by a doctrinal analysis can be a useful tool for theoreticians, but also for the practitioners of law, in achieving the topicality and complexity of the problems, from the perspective of the legal discourse of the controversial issues, as well as of the didactic one.Through our theoretical and practical approach we have been trying to prove that the regulation of the right to image, as an autonomous subjective right included in the sphere of human personality rights, represents an innovative, progressive aspect of the current Civil Code, which is part of the modern trend of the civil law of protection of the human being, with all its bio-psycho-physiological features, considered to be values indissolubly related to its physical, psychic and moral existence.

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