NATURA JURIDICĂ A DREPTULUI LA IMAGINE. PERSPECTIVA DUALITĂŢII ÎNTRE DREPT AL PERSONALITĂŢII ŞI DREPT PATRIMONIAL
THE LEGAL NATURE OF IMAGE RIGHTS. THE DUALITY BETWEEN PERSONALITY RIGHTS AND PROPERTY RIGHTS

Summary/Abstract: The legal nature of image rights has created controversy and complex debates in Romanian legal practice, as it lies at the boundary between two important categories of subjective rights: personal rights and property rights. In this study, we will explore this duality by examining how Romanian legislation and case law address the legal nature of this right, analyzing both the perspective of its nature as a component of human dignity and its nature as an intangible asset that can be exploited. In this research, we will address the possibility of transferring image rights to another person, the validity and effectiveness of such a transfer, highlighting the challenges posed by the intermediate legal nature of image rights, between the protection of the individual and their economic value. The purpose of this research is to provide a nuanced understanding of image rights, useful both to legal professionals and to those interested in the social and economic implications of using a person's image.

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