Protectia drepturilor nepatrimoniale cu privire specialã asupra drepturilor personalitãtii in conceptia noului cod civil
Protection of non-patrimonial rights especially as regards the rights of personality according to the new civil code

Summary/Abstract: Despite the lack of specific provisions which should classify them, the rights of personality have given place to the adoption of numerous decisions which sanctioned the prejudices of the respective rights. On the other hand, the doctrine shuttled and has still been shuttling, between their classification as assets, thus relating them to the ownership right and the classification of subjective rights, appealing to the principle of tort liability. The new Civil Code brings its contribution in solving this matter by establishing some new provisions which shall govern the rights of personality, including their defense. During this period characterized by uncertainty and by the development of the future law, the authors add their principles to those already expressed proposing an analysis of the new legal provisions in the matter of the defense of the rights of personality. To this end, this article tries to demonstrate the usefulness of these legal provisions – however, emphasizing their deficiencies – and develops the remedies at law of non-patrimonial nature (defensive actions), the pecuniary remedies at law (remedial actions), as well as the interim temporary measures which the judge may take within a simplified procedure for the purpose of providing the subsequent performance of the decision and of organizing a provisional status of the parties.

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