Protection of extrapatrimonial rights in the new civil code

• Author: Chiper (Mihalcea)Valentina
• Position: Faculty of Law and Administrative Sciences University of Craiova - Romania
• Pages: 52-57

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

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

No. 2 (2013), pp. 52-57

52

PROTECTION OF EXTRAPATRIMONIAL RIGHTS

IN THE NEW CIVIL CODE

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

E-mail: av_mihalcea@yahoo.com

Abstract

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)

defenses.

Keywords: extrapatrimonial rights (non-patrimonial rights), personality rights,

freedom of expression, protection of extrapatrimonial rights (non-patrimonial rights).

Introduction

In the New Romanian Civil Code

1

, 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.

1

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

st

, 2011.