Chapter

Protection of Personality Interests in Continental Europe

Gert Brüggemeier

in Rights of Personality in Scots Law

Published by Edinburgh University Press

Published in print November 2009 | ISBN: 9781845860271
Published online May 2015 | e-ISBN: 9781474406253 | DOI: https://dx.doi.org/10.3366/edinburgh/9781845860271.003.0005
Protection of Personality Interests in Continental Europe

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Chapter 5 identifies two distinct but paradigmatic paths of the law of delict concerning the protection of personality interests in 19th- century and later continental Europe – the French law and the German law. This difference reflects the specific way in which each of these two legal systems adheres to the natural law heritage and the concept of the persona. Italy shifted between these two regimes before developing its own shape. Post World War II new democratic constitutions enacted judicially enforceable constitutional rights. The constitutionalisation of private law by post World War II constitutions of European states and by the European Convention of Human Rights 1950 (which became an integral part of European Union law) helped to bring these two distinct civil law traditions together again throughout Europe.

Keywords: personality rights; actio iniuriarum; constitutionalism; privacy; human rights; subjective rights; European law

Chapter.  14743 words. 

Subjects: Constitutional and Administrative Law

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