DREPTUL LA VIAŢĂ PRIVATĂ. CONTURAREA UNOR NOŢIUNI CA URMARE A JURISPRUDENŢEI C.E.D.O. ŞI C.J.U.E.
Right to Private Life. Shaping of Notions Following the Jurisprudence of C.E.D.O. and C.J.U.E

Author(s): Adrian-Milutin Truichici, Luiza Neagu
Subject(s): Civil Law
Published by: Universul Juridic
Keywords: Private life; rights of personality; right to free expression; subject of public interest; moral prejudice;
Summary/Abstract: The concepts of "private life" and "subject of public interest" are syntagms frequently encountered in the case law of C.E.D.O. and C.J.U.E., with European courts offering practically a loosening, an implementation of these notions. Subsequently, these important decisions in the field of non-patrimonial rights protection constituted starting points for the Romanian legislator. In the Old Romanian Civil Code, non-patrimonial rights were not regulated, although in the case law of C.E.D.O. and C.J.U.E. they were present and of great interest. To meet the needs of a dynamic society, the Romanian legislature brought a novelty element in the New Civil Code, which entered into force on 1 October 2011, regulating for the first time the rights of personality. Article 58 of the New Civil Code explicitly enshrines, for the first time in Romanian law, the rights of personality. This novelty is the clear proof that jurisprudence directly influences the right. Thus, the present law represents, in particular cases, the example of the rights of personality, a creation of the judge, later legalized.

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