Considerations on the judicial protection of the name and of the pseudonym in the regulation of the Romanian Civil Code Cover Image
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Consideraţii privind protecţia juridică a numelui şi a pseudonimului în reglementarea Codului civil român
Considerations on the judicial protection of the name and of the pseudonym in the regulation of the Romanian Civil Code

Author(s): Sevastian Cercel
Subject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: non-proprietary rights; the right to the name; the right to the pseudonym; the right to the protection of personal data;

Summary/Abstract: By regulating the right to the name and the conditions under which it may beacquired, modified or changed, the Civil Code ensures the legal protection of thename. In the matter of defence on the on-proprietary rights, the provisions ofart. 252-256 of the Civil Code represent the common law and institute a system ofspecific sanctions.The provisions of art. 252-253 of the Civil Code, as well as of art. 255-256 of the Civil Code shall apply to all non-proprietary rights, including the right to the name. In turn, the provisions of art. 254 of the Civil Code shall regulate the protection of the right to the name and of the right to the pseudonym and shall exclusively apply to the protection of these non-proprietary rights. According to the provisions of art. 77, the Civil Code proclaims the existence of a right to the protection of the personal data. An individual’s surname and first name represent information relating to the personal data, so that “the name of the data subject” of these data processing may be protected by the defence means regulated in this matter.

  • Issue Year: 2018
  • Issue No: 01
  • Page Range: 52-77
  • Page Count: 26
  • Language: Romanian