Valentin – Stelian BĂDESCU
Institute of Legal Research of the Romanian Academy
| Abstract: | As a preliminary title and as a perspective for the entire present approach, analysis, and theoretical conclusions that follow, it is necessary to state that the theme in the title and its treatment are circumscribed to the great changes in approach and perception promoted in the complex field of legal and social evolution in the field of scientific knowledge. Thus, the right to dignity received a legal configuration in the Civil Code, which brings many new elements about the Civil Code from 1865, ”adapting the civil norms to today’s realities and the reforming legislative trends manifested in other legal systems”. The Civil Code is the first normative act that expressly enshrines personality rights. Art. 58 Civil Code enumerates personality rights: the right to life, to health, to physical and mental integrity, to dignity, to one’s image, and to respect for private life. The list of personality rights remains open, with the legislator specifying that this category also includes ”other rights recognized by law”. Art. 72 Civil Code with the generic name ”Right to dignity” provides that ”(1) Every person has the right to respect his dignity. (2) It is forbidden to harm the honor and reputation of a person, without his consent or without observing the limits provided for in art. 75”. |
| Keywords: | Dignity; human security; administrative act; military command act; pandemic; power; excess of power |
| Contact details of the author: | E-mail: valentinbadescu@yahoo.com |
| Institutional affiliation of the author: | Institute of Legal Research of the Romanian Academy |
| Institution address: | Calea 13 Septembrie No.13, B, et. 4, sector 5, Bucharest, 050711, Phone: 021/318 81 30, Fax: 021/318 24 53 |