Drepturile personalităţii – promisiuni onorate, perspective neconvenţionale

Rezumat

Everything that the human being experiences under the sign of inherent perennial values finds legal expression in the concept of “personality rights”. The rights of the personality pay homage, axiomatically, to life, integrity, dignity, honour, reputation, privacy, confidentiality, etc. In a pioneering approach, the Romanian Civil Code enshrines these rights and opens up the palette of innovative interpretations. The solid foundation is rooted both in ancient theories of personality rights and in European and national case law. The standard of protection of the rights inherent in the human being is dynamic, so that, alongside the issues addressed in a (relatively) common note in the literature, there are a number of issues that are either new to the realm of personality rights, are emerging, or have unravelled to extremes in areas of practice. In the present analysis, we will identify several landmarks that have multiple valences: are supported in judicial practice, in doctrine and, at the same time, have generated interpretations, critical nuances or premises for reflection, de lege ferenda.