Relaţia dintre răspunderea civilă delictuală şi drepturile subiective nepatrimoniale

dr. ŞERBAN DIACONESCU

Conf. univ. - Universitatea "Babeş-Bolyai" din Cluj-Napoca

Decan - Facultatea de Drept a Universităţii "Babeş-Bolyai" din Cluj-Napoca

Avocat - Baroul Cluj

ABSTRACT

An attack on a moral right must attain a certain level of seriousness in order to attract the application of a sanction. When the exercise of a moral right, freedom of expression especially, interfere with the exercise of some other moral rights, in order to determine if the right was exercised with intention to harm or excessive and unreasonable, a fair balance exercise between two values which may come into conflict must be carried out under the proportionality test: if there is a public or private interest to justify the attain to the moral right of another person. In these cases, harmful events can occur even without author guilt.

The application of national provisions which protects specific moral rights should not be...