FUNCȚIILE ANALIZEI DE PROPORȚIONALITATE LA APĂRAREA DREPTURILOR NEPATRIMONIALE
THE ROLE OF THE PROPORTIONALITY TEST IN MORAL RIGHTS PROTECTION

Summary/Abstract: An attack on a moral right must attain a certain level of seriousness to attract the application of a sanction. When the exercise of a moral right, freedom of expression especially, interference with the exercise of some other moral rights, in order to determine if the right was exercised with intention to harm or excessive and unreasonable, a fair balance exercise between two values which may come into conflict must be carried out under the proportionality test: if there is an public or private interest to justify the attain to the moral right of another person. It is also possible to use the proportionality test to determine the proportionality of the sanction. If so, priority could be given to the non-material remedies and even to the amount of non-pecuniary damages awarded to the victim.

• Details
• Contents