PROTECTION OF EXTRAPATRIMONIAL RIGHTS IN THE NEW CIVIL CODE
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| Title | PROTECTION OF EXTRAPATRIMONIAL RIGHTS IN THE NEW CIVIL CODE |
| Authors | |
| Abstract | The New Romanian Civil Code, entered into force on 1 October 200, adopted by LawNo. 287/2009 and implemented by Law No. 71/2011 integrates the personality rights in tonon-patrimonial rights. Considering that personality rights cannot be confused with personalrights and does not integrate the heritage of the person, shall be assessed better their namingextrapatrimonial rights.The measures which may be ordered by the Court for the protection of these rightsconsists either in the prohibition of unlawful deed, whether it is imminent, or cessation of theinfringement and the prohibition for the future if it lasts still or finding illicit character of thecommitted offence, if disturbing that produced it subsists. The exception to the rule is given incases of infringement of the rights of non-patrimonial rights by exercising the right to freespeech, 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 inthe second part we present the analysis of extrapatrimonial rights (non-patrimonial rights)defenses. |
| Publisher | Agora University Oradea |
| Date | 2013-07-01 |
| Source | Agora International Journal of Juridical Sciences Agora International Journal, No 2 (2013) |