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Personality Rights in European Tort Law

Part of The Common Core of European Private Law

  • Date Published: May 2010
  • availability: In stock
  • format: Hardback
  • isbn: 9780521194914

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About the Authors
  • 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.

    • Introductory chapter outlining the historical development of the legal protection of personality interests in Europe puts the project in context and introduces some of the metalegal issues
    • Introductory chapter explores the topic's relationship with US law, and the trumping effect of freedom of speech
    • Comparative remarks at the end of each chapter identifying similarities and differences in approaches, grouping common approaches and methodologies etc.
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    Product details

    • Date Published: May 2010
    • format: Hardback
    • isbn: 9780521194914
    • length: 620 pages
    • dimensions: 234 x 160 x 35 mm
    • weight: 1.11kg
    • availability: In stock
  • Table of Contents

    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.

  • Editors

    Gert Brüggemeier, Universität Bremen
    Gert Brüggemeier is Professor of Private Law, European Economic Law and Comparative Law at the Law Faculty, University of Bremen.

    Aurelia Colombi Ciacchi, Rijksuniversiteit Groningen, The Netherlands
    Aurelia Colombi Ciacchi is a Senior Researcher at the Centre of European Law and Politics (ZERP) at the University of Bremen and a Lecturer in Comparative Law at the Hanse Law School, Bremen.

    Patrick O'Callaghan, University of Newcastle upon Tyne
    Patrick O'Callaghan is a Lecturer in Law at Newcastle University Law School.

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