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SM ISO690:2012 ŢONOVA, Irina, CHIBAC, Gheorghe. Reglementarea drepturilor personale
nepatrimoniale în conformitate cu normele
Codului civil al Republicii Moldova
. In: Revista Naţională de Drept, 2010, nr. 5-6(116), pp. 76-79. ISSN 1811-0770. |
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Revista Naţională de Drept | ||||||
Numărul 5-6(116) / 2010 / ISSN 1811-0770 /ISSNe 2587-411X | ||||||
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Pag. 76-79 | ||||||
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Rezumat | ||||||
The civil legislation, as based on Civil Code of RM, settles different non-patrimonial rights compared to civil doctrine. From this point of view, in the doctrine there were presented two points of view regarding the settlement of the non-patrimonial personal rights. In a certain period, there prevailed the idea that civil law would not settle the non-patrimonial personal rights, but would only defend them. In the recent juridical literature, there is used another approach of the problem, which claims that civil law not only defends non-patrimonial personal rights, but also settles them. Scientific discussion has influenced legal settlements.
In order to exclude those discrepancies released between the position of the doctrinaires and the legislator, concerning the problem of exclusion out of the content of the Civil Code subject of settlement of the non-patrimonial personal relations that are not linked to the patrimonial, this research includes the analysis of the civil law criteria of delimitation from other braches of law, and in special from the constitutional law, its main source settles non-patrimonial personal rights that are not linked to the patrimonial. |
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