Considerații privind ocrotirea drepturilor personalității
Considerations Regarding the Protection of Personality Rights

Summary/Abstract: The regulation of personality rights give s the holders of these rights, a series of specific actions, for the defense of these rights, in case of their violation. In order to protect personality rights, art. 253 Civil Code enshrines the means of defense o f the owner of the infringed non patrimonial right. He can request, as the case may be, the prohibition of the commission of the illegal act, if it is imminent,the cessation of the violation and the prohibition for the future, if it is still ongoing, and the finding of the illegal nature of the committed act, if the disorder it caused persists. Also the person can ask the court to force the perpetrator to carry out any necessary measures to repair the damage caused and some provisional measures. Those regulations have brought into question the connection between these special rules and the legal provisions establishing tortious civilliability. The discussion is also of practical interest in terms of the conditions that must be proven for the liability of t he perpetrator.On the other hand, the Supreme Court, the Constitutional Court and the ECHR have brought useful clarifications to help the application of these legal texts by clarifying issues such as proof of moral damage, the competent court or the categories of people who can request compensation for the damage.

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