PROTECŢIA CORPULUI UMAN PRIN INTERMEDIUL DREPTURILOR PERSONALITĂŢII
PROTECTION OF THE HUMAN BODY THROUGH PERSONALITY RIGHTS

Summary/Abstract: Unlike the classical conception of the Civil Code from 1864, in which man was seen only as a “holder of civil rights and obligations", without taking into account the biological dimension, the vision of the New Civil Code is inspired by older normative acts, but also brings elements of novelty in the landscape of personality rights, enshrined in international regulations. This notion-concept, of personality rights, appeared in the German legal system, a system in which there are regulations regarding specific personality rights and at the same time even “a general right of personality”, which has received jurisprudential consecration. From the German doctrinal perspective, the end of the 19th century was the one that also received the materialization of a theory of personality rights. Topical issues were considered, such as: genetic selection; human cloning; examination of genetic traits; identification based on genetic fingerprint; collection and transplantation of tissues, cells and organs; medically assisted human reproduction, etc. The protectionist vision of the human body from the perspective of the new civil law highlights two basic principles, namely: the principle of inviolability and the principle of non-patrimoniality.

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