The legislation of the non- patrimonial civil rights according to the new civil code - the right to life

• Author: Chebeleu Mircea
• Position: Faculty of Law, University Titu Maiorescu, Bucharest - Romania
• Pages: 49-51

AGORA International Journal of Juridical Sciences, www.juridicalj ournal.univagora.ro

ISSN 1843-570X, E-ISSN 2067-7677

No. 2 (2013), pp. 49-51

49

THE LEGISLATION OF THE NON- PATRIMONIAL CIVIL RIGHTS

ACCORDING TO THE NEW CIVIL CODE - THE RIGHT TO LIFE

M. Chebeleu

Mircea Chebeleu

Faculty of Law, University Titu Maiorescu, Bucharest, Romania

*Correspondence: M. Chebeleu, Doctoral School, Faculty of Law, Calea Vcreti nr.187,

Sector 4, Bucharest, Romania

E-mail: chebeleumircea@yahoo.co.uk

Abstract

The right to life is a supreme attribute of the human being, whose compliance is the

very condition for exercising other rights. The right to life has two essential forms, a personal

interest of the human being and the interest of the society, extremely dangerous.

Keywords: non-patrimonial civil rights, the right to life, lethal force

Introduction

There are two different interests regarding the protection of the human being: the

personal right to life and the detached right to life. The personal right is the one which has a

real bound to the specific person, the one which is protected from the very moment of birth of

that person and the moment of death. The detached right of life represents the right of the

society to have members, to protect their life in order to evolve and at the same time to

survive.

Book I, Title II, Chapter II, and 2nd Section of the New Civil Code of Romania

includes provisions on the right of life, the right of health and integrity of the human being.

According to art.61 (1) from the New Civil Code of Romania “Life, health, physical

and mental integrity of any person are guaranteed and protected by law”. Paragraph 2 of the

same article provides that “the interest and the good of the human being should prevail over

the sole interest of the society or of the science”.

The provisions of the new civil code regarding the right to life, health and integrity of

the human being have as related legislation:

- Art.22 paragraph (1) from the Romanian Constitution;

- Art.2-3 from the European Convention on Human Rights;

- Art.2-4 from the Charter of Fundamental Rights of the European Union;

- Art. 6 paragraph 1 from the International Covenant on Civil and Political Rights;

- Paragraph (2) resumes the provisions of the art.2 from the European Convention on Human

Rights to the application of biology and medicine, the Convention of human rights and

biomedicine signed at Oviedo on 1977, ratified by Law 17/2001;

The right to life is a supreme attribute of the human being, whose compliance is the

real condition for exercising other rights.

1

The right to life has two essential forms, a personal interest of the human being and

the interest of the society, generally extremely powerful. Therefore, there are two different

interests regarding the protection of the human life: the personal right to life and the detached

right to life. The personal right is the one which has a direct relation to the person, the one

which is protected from the very moment of birth of that person and the moment of death. The

1

Noul Cod civil al Romaniei - Comentarii, doctrina si jurispru denta, Hamangiu Publishing, Bucharest, 2012.