Considerations Regarding the Scope of Provisional Measures for the Defense of Non-patrimonial Rights as Provided for in the Civil Code

摘要

The present paper takes a short look at the scope of provisional measures for the protection of non-patrimonial rights, introduced for the first time in the new Romanian Civil Code. We show that while intended to cover a broad variety of rights and situations the provisions have in fact only limited applicability as they are, in some cases, preempted by provisions in special laws. Moreover upon analysis of claims actually filed in the nearly two years from the coming into force of the new Civil Code we find that the provisions were only relied on in a handful of cases and even there with mixed results. Our conclusion is that perhaps a more careful examination having taken account of the complexity of already existing special legislation would have provided a better qualification of the interim measures so as to have given more efficient means of redress in cases of infringement of non-patrimonial rights.