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Personality Rights in European Tort Law
This collection of case studies from fourteen European legal systems analyses the legal protection of personality interests in Europe.
Gert Brüggemeier (Edited by), Aurelia Colombi Ciacchi (Edited by), Patrick O'Callaghan (Edited by)
9780521194914, Cambridge University Press
Hardback, published 15 April 2010
620 pages
23.4 x 16 x 3.5 cm, 1.11 kg
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.
Part I: 1. General introduction
2. Protection of personality rights in the law of delict/torts in Europe: mapping out paradigms
3. American tort law and the right to privacy
Part II. Case Studies: 4. Case 1: the corrupt politician
5. Case 2: convicted law professor
6. Case 3: the paedophile case
7. Case 4: an invented life story?
8. Case 5: a former statesman's family life
9. Case 6: a satirical magazine
10. Case 7: a snapshot of a person
11. Case 8: a paparazzo's telephoto lens
12. Case 9: Naked.Little.Girl.Com
13. Case 10: the late famous tennis player
14. Case 11: the popular TV presenter
15. Case 12: copied emails
16. Case 13: Brigitte's diaries
17. Case 14: tape recordings of a committee meeting
18. Case 15: 'light cigarettes reduce the risk of cancer'
19. Case 16: doctor's non-disclosure of a foetal disease
20. Case 17: WAF – a gang of incompetents?
Part III: 21. A common core of personality protection.
Subject Areas: Torts / Delicts [LNV], Privacy law [LNDC2], Laws of Specific jurisdictions [LN], Comparative law [LAM]