Principiile cardinale ale Noului Cod civil în doctrină şi jurisprudenţă

Rezumat

The New Civil Code has a much firmer foundation than the old Civil Code because, unlike the old Civil Code, which was built on two fundamental pillars, namely the private property – contractual freedom axis, the current Civil Code was designed and is built on four cardinal principles: human dignity, private autonomy, legal equality and private property.
The first of these – human dignity – serves as the ultimate goal, and the other three principles as the means to that end.
Indeed, human dignity is not only an absolute or supreme value, on the one hand, and a fundamental right, i.e. a subjective civil right, on the other, but also a fundamental principle on which the Civil Code and the whole of civil law (and not only) rests, be it the law of persons and/or the law of property.
Then, the Civil Code and civil law as a whole, and not public law, represent the genuine framework for the exercise of the civil liberties of any person, natural or legal, and by their suppletive nature also constitute the natural framework for the exercise of subjective civil rights, born out of the exercise of private autonomy.
Thirdly, the Civil Code and civil law as a whole ensure not only formal but also substantive equality of subjects of civil law.
Last but not least, the Civil Code and civil law as a whole regulate, on a liberal basis, the regime of private property as the foundation and guarantor of personal dignity and freedom.
Keywords: New Civil Code; legal principles; general principles of law; general principles of civil law; cardinal (fundamental) principles of the New Civil Code; Old Civil Code.