Brief consideratoins regarding the juridical protection of private life in the regulation of the New Romanian Civil Code

AuthorGeorgeta Valeria Sabau
PositionFaculty of Law, 'Vasile Goldis' Western University, Arad, Romania
Pages64-71
AGORA International Journal of Juridical Sciences, www.juridicalj ournal.univagora.ro
ISSN 1843-570X, E-ISSN 2067-7677
No. 1 (2014), pp. 66-71
64
BRIEF CONSIDERATOINS REGARDING THE JURIDICAL PROTECTION OF
PRIVATE LIFE IN THE REGULATION OF THE NEW ROMANIAN CIVIL CODE
G. V. Sabu
Georgeta Valeria Sabu
Faculty of Law
" Vasile Goldi" Western University, Arad, Romania
* Correspondesnce: Georgeta Valeria Sabu, "Vasile Goldi" Western University, B.dl.
Revoluiei nr. 94, Arad, Romania
E-mail: georgetasabau@yahoo.com
Abstract
This article, entitled Brief Considerations Regarding the Juridical Protection of
Private Life in the Regulation of the New Romanian civil Code, examines the new legal
regime of how the private life of the person is respected, in connection to the inseparable link
between the right to a private life, lato sensu, and its four intrinsic rights – the right to
freedom of speech, the right of the person to dignity, the right to a private life and image
rights.
The regulation was imperatively necessary, both to complete the framework of the
values guaranteed by art. 8 of the European Convention of Human Rights, but also to
establish an interference between the concept of private life and personal privacy, in the
context of the excessive broadcasting of peoples’ private lives.
Key words: the right to a private life, the right to privacy, image rights, the
violation of the private life
Introduction
Assuming that there are minimum protection requirements and they are not treated
exhaustively, the rights encompassed by the European Convention for the Protection of
Human Rights and Fundamental Liberties
1
, even though most are of a civil or political nature,
they are also in a limited number and have precise limitations, when it comes to issues of
national security, public safety, the economic interest or the prevention of crime
2
.
Considered to be an important element in ensuring the harmonious development of the
individual, the right to a private life has been included among the fundamental rights. It is
protected and recognized by the international, European and national legislation. Based on the
tripartite division of the human structure, the doctrine
3
puts the private life in the category of
the personality rights, which protect the human as a social being.
1
The Convention for the Protection of Hu man Rights and Fundamental Liber ties, also known as the European
Convention of Hu man Rights, signed on November the 4
th
, 1950, in Rome, entered into force on September the
3
rd
, 1953 and ratified by Romania by the no. 30/1994 Law, regarding the ratification of the Convention for the
Protection of Human Rights and Fundamental Liberties and of the additional protocols to this convention,
published in the “Official Gazette of Romania”, part I, no. 135, Mar ch 31
st
, 1994.
2
M. Udroiu, O. Predescu, Protecia europe an a drepturilor omului i procesul penal român. Tratat, C. H. Beck
Publishing House, Bucharest, 2008, p. 16-17.
3
C. Jugastru, Reflecii asupra noiunii i evoluiei drepturilor personalitii, in the Yearbook of the „G. Bariiu”
History Institute, Series Humanistica, tom. V, Cluj-Napoca, 20 07, p. 329.

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