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Defending non Patrimonial Rights in the Draft of the European Civil Code

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Author(s): Mihaela Aghenitei

Journal: EIRP Proceedings
ISSN 2067-9211

Volume: 6;
Issue: 1;
Start page: 289;
Date: 2011;
Original page

Keywords: protection | non patrimonial rights | the right of reply | the right of rectification | the draft of the New Romanian Civil Code

ABSTRACT
The draft of the new Civil Code includes Book I, "About Persons", a special title on protection of non-patrimonial rights by specific legal means (Title V - "Defending non patrimonial rights"), made as a result of development and modernization of existing provisions, that are very brief, contained in art. 54-56 of Decree No. 31/1954, on natural and legal persons, which is to be repealed with the entry into force of the new Civil Code. The nowadays legislator has shown a constant preoccupation on the protection of one’s personal rights. Currently, the most comprehensive national regulations are, de lege lata, in the Quebec Civil Code of 1991 (art. 10-40) - which is one of the main models of the new Romanian Civil Code project – and in the Swiss Civil Code (art. 27, 28, 28a-28l, 29), which is why these modern and highly effective regulations have been the main source of inspiration for the editors of the New Romanian Civil Code (see: art. 58-91, regarding to the respect of human being and its inherent rights, art. 262-274, regarding to the defense of non-property rights). After the Second World War, some regulations regarding the personality rights were introduced in other European civil codes too, with the affirmation and delineation of these rights in the jurisprudence and in the doctrine.
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