Protection of extrapatrimonial rights in the new civil code

AuthorChiper (Mihalcea)Valentina
PositionFaculty of Law and Administrative Sciences University of Craiova - Romania
AGORA International Journal of Juridical Sciences, www.juridicalj
ISSN 1843-570X, E-ISSN 2067-7677
No. 2 (2013), pp. 52-57
V. Chiper (Mihalcea)
Valentina Chiper (Mihalcea)*
Faculty of Law and Administrative Sciences
University of Craiova, Romania
*Correspondence: Valentina Chiper (Mihalcea), University of Craiova,
13 Al. I. Cuza Street, Craiova, 200585, Dolj, Romania
The New Romanian Civil Code, entered into force on 1 October 200, adopted by Law
No. 287/2009 and implemented by Law No. 71/2011 integrates the personality rights in to
non-patrimonial rights. Considering that personality rights cannot be confused with personal
rights and does not integrate the heritage of the person, shall be assessed better their naming
extrapatrimonial rights.
The measures which may be ordered by the Court for the protection of these rights
consists either in the prohibition of unlawful deed, whether it is imminent, or cessation of the
infringement and the prohibition for the future if it lasts still or finding illicit character of the
committed offence, if disturbing that produced it subsists. The exception to the rule is given in
cases of infringement of the rights of non-patrimonial rights by exercising the right to free
speech, according to which the Court cannot order banning of illicit acts.
In the first part of the article we present a brief analysis of personality rights, and in
the second part we present the analysis of extrapatrimonial rights (non-patrimonial rights)
Keywords: extrapatrimonial rights (non-patrimonial rights), personality rights,
freedom of expression, protection of extrapatrimonial rights (non-patrimonial rights).
In the New Romanian Civil Code
, Chapter II – “Respect of the Person and of His/her
Innate Rights”, Title II „The Physical Person”, Tome I – “Of Persons” (articles 58-81), the
concept of “personality rights” appears in the marginal title of article 58, paragraph 1: “Any
person has the right to protection of the values inherent to the human being such as life,
health, physical and psychological integrity, dignity, intimacy of the private life, freedom of
consciousness and scientific, artistic, literary or engineering creation”, and article 252 Civil
Code. It has been estimated that the general personality right is rooted in the sixth
paragraph of Article 30 of the Constitution: “Freedom of expression shall not be prejudicial
to the dignity, honor, privacy of a person, and to the right to one’s own image”. Although the
content is indeterminate and ambiguous, it brings the advantage of covering “various current
*Acknowledgements: This work was supported by the strategic grant POSDRU/CPP107/DMI1.5/S/78 421,
Project ID 78421 (2010), co-financed by the European Social Fund – Investing in People, within the Sectorial
Operational Program Human Resources Develop ment 2007 – 2013, University of Craiova, Faculty of Law and
Administrative Sciences.
New Civil Code – Law no. 287/2009 on the New Civil Code republished in the Official Jo urnal no. 505/201, in
effect as of October 1
, 2011.

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