Personality Rights In European Tort Law

Author : Gert Brüggemeier
Publisher : Cambridge University Press
ISBN 13 : 113948429X
Total Pages : 621 pages
Book Rating : 4.99/5 ( download)

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Download or read book Personality Rights in European Tort Law written by Gert Brüggemeier and published by Cambridge University Press. This book was released on 2010-04-15 with total page 621 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume provides a comprehensive analysis of civil liability for invasion of personality interests in Europe. It is the final product of the collaboration of twenty-seven scholars and includes case studies of fourteen European jurisdictions, as well as an introductory chapter written from a US perspective. The case studies focus in particular on the legal protection of honour and reputation, privacy, self-determination and image. This volume aims to detect hidden similarities (the 'common core') in the actual legal treatment accorded by different European countries to personal interests which in some of these countries qualify as 'personality rights', and also to detect hidden disparities in the 'law in action' of countries whose 'law in the books' seem to protect one and the same personality interest in the same way.

Author : Ken Oliphant
Publisher : BRILL
ISBN 13 : 900435171X
Total Pages : 237 pages
Book Rating : 4.14/5 ( download)

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Download or read book The Legal Protection of Personality Rights written by Ken Oliphant and published by BRILL. This book was released on 2018-03-06 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book aims to investigate the way in which personality rights are protected in China through a comparative and cross-cultural lens drawing on perspectives from Europe and elsewhere in the world. Currently, the question whether or not to incorporate a special law on personal rights – the right to life, the right to health, and the rights to reputation and privacy – into a future Chinese Civil Code is heatedly debated in the Chinese legal community.

Author : Ken Oliphant
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.02/5 ( download)

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Download or read book The Legal Protection of Personality Rights written by Ken Oliphant and published by . This book was released on 2019 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book aims to investigate the way in which personality rights are protected in China through a comparative and cross-cultural lens drawing on perspectives from Europe and elsewhere in the world. Currently, the question whether or not to incorporate a special law on personal rights - the right to life, the right to health, and the rights to reputation and privacy - into a future Chinese Civil Code is heatedly debated in the Chinese legal community. The essential topics that are addressed in this book include general issues of personality rights, personality rights in Constitutional law, personality rights in private law, the legislative development of personality rights in China, case studies of the right to privacy, personality rights in the mass media and the internet, competition law aspects of the right of publicity, the protection of patients' personal information, and personality rights in the family context. The book offers a broad investigation of personality rights protection in both China and Europe and provides the first substantive comparison of the Chinese and European regimes. The project is conceived as a joint effort on the part of a carefully chosen team of Chinese and European academics, working closely together. The team consists of both senior scholars and young researchers led by well-known experts in the field of comparative tort law.

Author : Edina Márton
Publisher :
ISBN 13 : 9781509916955
Total Pages : 382 pages
Book Rating : 4.54/5 ( download)

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Download or read book Violations of Personality Rights Through the Internet written by Edina Márton and published by . This book was released on 2016 with total page 382 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Cees van Dam
Publisher : Oxford University Press
ISBN 13 : 0199672261
Total Pages : 654 pages
Book Rating : 4.64/5 ( download)

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Download or read book European Tort Law written by Cees van Dam and published by Oxford University Press. This book was released on 2013-03-21 with total page 654 pages. Available in PDF, EPUB and Kindle. Book excerpt: This textbook provides insight into the differences commonalities and mutual influece of the tort law systems of various European jurisdictions, bringing together national tort law, comparative law, EU law, and human rights law.

Author : European Group on Tort Law
Publisher : Springer
ISBN 13 : 9783211100103
Total Pages : 282 pages
Book Rating : 4.05/5 ( download)

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Download or read book Principles of European Tort Law written by European Group on Tort Law and published by Springer. This book was released on 2009-09-02 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Group on Tort Law presents the results of its extensive research project, the Principles of European Tort Law. They were drafted on the basis of several comparative studies on the most fundamental questions of tortious liability and the law of damages. The Principles are not a mere restatement of the common core of tort law in Europe, but rather a proposal for a comprehensive system of tortious liability for the future, though necessarily linked to existing regimes. They are meant to stimulate discussion both among academics and practitioners and could serve as guidelines for national legislatures, thereby fostering gradual harmonization. The text of the Principles, which is offered in English and several other languages, is accompanied by commentaries on the various parts elaborating their intended meaning and interplay.

Author : Attila Fenyves
Publisher : Walter de Gruyter
ISBN 13 : 311026000X
Total Pages : 933 pages
Book Rating : 4.07/5 ( download)

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Download or read book Tort Law in the Jurisprudence of the European Court of Human Rights written by Attila Fenyves and published by Walter de Gruyter. This book was released on 2011-11-30 with total page 933 pages. Available in PDF, EPUB and Kindle. Book excerpt: The goal of this study is to provide a general overview and thorough analysis of how the European Court of Human Rights deals with tort law issues such as damage, causation, wrongfulness and fault, the protective purpose of rules, remedies and the reduction of damages when applying art 41 of the European Convention on Human Rights (ECHR). These issues have been examined on the basis of a comprehensive selection and detailed analysis of the Court’s judgments and the results compared with different European legal systems (Austria, Belgium, England and Wales, France, Germany, Hungary, Ireland, Italy, Poland, Romania, Scandinavia, Spain, Switzerland and Turkey), EC Tort Law and the Principles of European Tort Law. The introduction of art 41 (ex art 50) ECHR in 1950 as a compromise and the issues it raises now, the methodological approaches to the tort law of the ECHR, the perspectives of human rights and tort law and public international law as well as the question of whether the reparation awarded to victims of ECHR violations can be considered real ‘just’ satisfaction are addressed in five special reports (two of which are also available in German). Concluding remarks try to summarise the outcome.

Author : Marta Infantino
Publisher : Cambridge University Press
ISBN 13 : 1108418368
Total Pages : 785 pages
Book Rating : 4.62/5 ( download)

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Download or read book Causation in European Tort Law written by Marta Infantino and published by Cambridge University Press. This book was released on 2017-12-28 with total page 785 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book takes an original and comparative approach to issues of causation in tort law across many European legal systems.

Author : Huw Beverley-Smith
Publisher : Cambridge University Press
ISBN 13 : 1139433717
Total Pages : 403 pages
Book Rating : 4.16/5 ( download)

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Download or read book The Commercial Appropriation of Personality written by Huw Beverley-Smith and published by Cambridge University Press. This book was released on 2002-08-15 with total page 403 pages. Available in PDF, EPUB and Kindle. Book excerpt: Commercial exploitation of attributes of an individual's personality, such as name, voice and likeness, forms a mainstay of modern advertising and marketing. Such indicia also represent an important aspect of an individual's dignity which is often offended by unauthorized commercial appropriation. This volume provides a framework for analysing the disparate aspects of the problem of commercial appropriation of personality and traces, in detail, the discrete patterns of development in the major common law systems. It also considers whether a coherent justification for a remedy may be identified from a range of competing theories. The considerable variation in substantive legal protection reflects more fundamental differences in the law's responsiveness to commercial practices and different attitudes towards the proper scope and limits of intangible property rights.

Author : Nuno Ferreira
Publisher : Routledge
ISBN 13 : 1136716319
Total Pages : 331 pages
Book Rating : 4.17/5 ( download)

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Download or read book Fundamental Rights and Private Law in Europe written by Nuno Ferreira and published by Routledge. This book was released on 2011-05-19 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book explores, from a comparative and inter-disciplinary perspective, the relationship between fundamental rights and private law in Europe, a debate usually referred to as Drittwirkung or ‘horizontal effect of fundamental rights’. It discusses the different models of ‘horizontal effect’ and the impact that fundamental rights may have in shaping tort law, especially the position of child tortfeasors. The book concentrates on several European jurisdictions, namely France, Italy, Germany, Portugal, Sweden, Finland, and England and Wales. At a crossroad between human rights and European private law, this study draws insights from several legal fields (international, European, tort, constitutional and child law), sociology, psychology, and feminist studies. It also considers policy implications and advances proposals which would ensure the optimisation of the effect, and maximisation of the effectiveness, of fundamental rights in tort law, and more generally in private law. This book departs from traditional legal doctrines and offers a more pragmatic, comprehensive and just legal analysis of the role of fundamental rights in private law. It will be of interest to undergraduate and postgraduate students, academics, practitioners, policy-makers and activists with an interest in human rights, tort law, comparative law, children’s rights and European private law.