Reflecţii asupra reglementării răspunderii juridice pentru încălcarea drepturilor nepatrimoniale

Prof. univ. dr. Iosif Robi URS

Facultatea de Drept, Universitatea Titu Maiorescu

ABSTRACT

This paper circumscribes to its scientific objective the analysis of the provisions of the Civil Code on the remedy of the damage caused by the violation of non-patrimonial rights. The critical approach of art. 1391 and other legal texts related to the studied issue (we refer, inter alia, to art. 58, art. 64, art. 252-256 or art. 1387-1389 of the Civil Code) enabled us to identify the potential limits of the civil regulation related to the institution of liability in tort and also the potential solutions corresponding to them. Accepting that the main inconsistencies noted in the legal regulation corresponding to the non-patrimonial rights reside in the absence of a unitary, clear and synoptic legal framework, in relation to the provisions of the Civil Code, we proceeded to a conceptual clarification...