Respectul datorat persoanei şi după decesul său, în concepţia Codului civil român
Keywords:
human personality and legal personality; respect due to the dead, international and other states’ regulations; the conflict between prejudice to the memory of the dead and freedom of expression; the will regarding one's own body and own funeral; restoring the memory of the deceasedAbstract
The article explains, in light of tradition and of some philosophical, psychological, religious and moral concepts, why the Romanian Civil code accepted to regulate the respect due to the person even after the person’s death. Also, the study develops the exegesis of some of the existing regulations in international and domestic law, especially the provisions of art. 78, 80 and 256 of the Civil Code, with references to the case-law of the CJEU and of the national courts.
Published
2025-09-30
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Section
Articles