Challenges of the Knowledge Society (May 2018)
THE EXERCISE AND LIMITATIONS FOR THE EXERCISE OF NONPATRIMONIAL RIGHTS AND OBLIGATIONS OF THE SPOUSES
Abstract
The evolution of contemporary private law is due to the recognition of the importance of human rights, knowing a real progress in the last period of time, which has led to the promotion and protection of the person's subjective civil rights. It is very important that, in addition to legal coercive values, society should accept the importance of civil subjective rights and respect them. Correspondences to civil subjective rights are the obligations, and in terms of family law, the personal obligations of spouses are of particular importance. In order not to be ineffective, these rights must be applied rationally and it is necessary that they come to defend the injured person both physically and mentally. It is very important that, in addition to legal coercive values, society should accept the importance of civil subjective rights and respect them. Although at European level we can observe an exponential increase of the values protected by the adoption of the European Convention on Human Rights and its implementation from the adoption until now in Romania the respect of the civil subjective rights remains at the discretion of each individual, force can not cover all the cases that may arise. Correspondences to civil subjective rights are the obligations, and in terms of family law, the personal obligations of spouses are of particular importance. The husband's personal rights and obligations are inseparable from spouses and can not be alienated. They can not be the subject of the matrimonial agreement or of any other contracts. This provides an essential principle of family law - the equality of spouses in family - and excludes any attempt to violate it by concluding legal acts. Equality of spouses in rights derives from all social relations based on the Universal Declaration of Human Rights, the Convention on the Political Rights of Women, adopted by the United Nations on 20 December 1952, the Convention on the Elimination of All Forms of Discrimination against Women adopted on 18 December 1979, Civil Code.
