THE PRINCIPLES CONCERNING THE RECOGNITION, THE EXERCISING AND THE DEFENCE OF THE SUBJECTIVE CIVIL RIGHTS IN ACCORDANCE WITH NEW CIVIL CODE
THE PRINCIPLES CONCERNING THE RECOGNITION, THE EXERCISING AND THE DEFENCE OF THE SUBJECTIVE CIVIL RIGHTS IN ACCORDANCE WITH NEW CIVIL CODE

Summary/Abstract: Recognition of subjective civil rights is achieved through legal norms, being established both at a general level, when it addresses to all rights, as well at a special level, when it covers only certain categories of rights. Exercising of the subjective civil rights involves the concretization of their holder's abilitation to dispose of them, respecting certain principles and limits prescribed by law and by the rules of social cohabitation. The infringement of the external limits in exercising of the subjective civil rights can be sanctioned by filing a legal action in a civil court. Overcoming internal limits in the exercise of civil rights is considered abuse of rights, so the holder can be deprived of the right to obtain legal protection. In both cases, the individual whose rights have been violated can request the support of the coercive force of the state to restore its rights and to obtain damages. The issues of substantive law related to the civil action concerns the admissibility of evidence and the extinctive prescription.

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