13. Faţete ale răspunderii civile delictuale în materia protecţiei drepturilor personale nepatrimoniale
13. Facets of tortious civil liability in the matter of protection of personal non-property rights

Summary/Abstract: The reasoning of the court decision is not a matter of quantity and does not oblige the court to respond to all the factual and legal arguments of the parties, the court being able to group some of them and respond to them within a single consideration; at the same time, it is necessary to analyze those reasons and defenses that are essential for resolving the case, which have the ability to demonstrate the effective investigation of the case, according to the requirements of art. 425 para. (1) letter b) C. pr. civ., as well as of art. 6 of the European Convention on Human Rights. The case law of the ECHR highlights the principle according to which the objective truth of the statements should not be the only criterion to be taken into account by the courts when analyzing an accusation of slander, the determining element being the good faith of the author of the statements that affect the reputation of the injured party. The Strasbourg court has consistently held that the public or notorious nature of a person influences the protection that his or her private life can enjoy. It is necessary to draw a distinction between the special regime governing the specific relationships of a private company, including in terms of ethics and professional deontology, and the general regime of freedom of expression correlated with the guarantee of private and family life, In tort, liability is also triggered for culpa levissima, so that the lack of direct intent is irrelevant, and in the case of moral damages related to damage to image, once the existence of the illicit act has been established, the existence of the damage and the causal link between it and the act are presumed to exist.

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