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The principle of non-retroactivity of the law in the Romanian civil code
The principle of non-retroactivity of the civil law has its fundament in ensuring the security of the civil circuit and in its compliance with the rights and legitimate interests of the subjects of law. After 1991, the Romanian legislator has chosen to constitutionalize the non-retroactivity of the law, stating a single exception, namely that of the criminal or administrative law more favourable. Therefore, the principle has acquired a mandatory feature, both for the legislator, for the law enforcement organs, as well as for other participants in the judicial circuit. In its turn, the Romanian Civil Code of 2011, by preserving the tradition of the Civil Code of 1864, expressly states the non-retroactivity of the civil law. Th us, the non-retroactivity is confi gured as a guarantee of the stability of the state of law, of the constitutionality, an essential guarantee of the constitutional rights and, especially, of the personal freedoms and safety.
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The Legal Protection of the Personality Right in the Romanian Civil Legislation
Personality rights are part of the category of non-patrimonial subjective rights, as they protect values without a monetary expression, such as life, dignity, honour, image, private life and so on. At present, in Romania the personality rights enjoy an express regulation in the Civil Code, starting with the provisions of art. 58 providing the right to life, to health, to physical and psychical integrity, to dignity, to his/her own image, to respecting the private life, and other such rights recognised by law. Th e specifi cation made by the Romanian lawmaker is given as an example, so other rights also have the vocation to be characterised as personality rights. Because they belong to the category of non-patrimonial personal rights, personality rights shall have the legal features specifi c to this category, being inaccessible, intransmissible, indistinguishable, not performed by a representative, indefeasible, opposable to all. Starting from such considerations, this work deals with the issue of legal means of defence of such rights from the perspective of the Romanian Civil Code which dedicates them a whole title named "Defence of non-patrimonial rights", representing the common law in the matter, additions or derogations being able to exist from this regime by special provisions.
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Journal of Law and Administrative Sciences No. 13/2020
In: Journal of Law and Administrative Sciences No. 13/2020
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Working paper
University of Pitesti Faculty of Economic Sciences and Law: Journal Legal and Administrative Studies Studii Juridice Şi Administrative No.1/2017
In: Journal Legal and Administrative Studies Studii Juridice Şi Administrative, No. 1 (16) – 2017
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Journal of Law and Administrative Sciences No. 16/2021
In: Journal of Law and Administrative Sciences No. 16/2021
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Legal and Administrative Studies, Year Xix, No.1 (22)- 2020
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Journal of Law and Administrative Sciences No.8/2017
In: Petroleum - Gas University of Ploiesti The Centre for Studies and Legal and Socio - Administrative Research, Administrative Research Journal of Law and Administrative Sciences, ISSN 2392 - 8298 ISSN - L 2392 - 8298
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Journal of Law and Administrative Sciences No. 3/2015
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Working paper
Proceedings of the International Conference European Union's History, Culture and Citizenship, 13th Edition, 2021
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The International Conference Proceedings of the International Conference "European Union's History, Culture and Citizenship" Pitesti, 06 May 2022
In: THE INTERNATIONAL CONFERENCE "EUROPEAN UNION'S HISTORY, CULTURE AND CITIZENSHIP" Pitesti, 06 May 2022
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The International Conference 'European Union's History, Culture and Citizenship', 12th Edition
In: The International Conference, "European Union's History, Culture and Citizenship", Pitesti, 17-18 May 2019
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European Union's History, Culture and Citizenship, 11th Edition
In: Proceedings of the International Conference European Union's History, Culture and Citizenship 11th edition (2018)
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