oa Comparative and International Law Journal of Southern Africa - Personality rights: a comparative overview
|Article Title||Personality rights: a comparative overview|
|© Publisher:||Institute of Foreign and Comparative Law|
|Journal||Comparative and International Law Journal of Southern Africa|
|Affiliations||1 School of Law, UNISA|
|Publication Date||Jul 2005|
|Pages||210 - 245|
|Keyword(s)||Personality rights and Protection of personality rights|
This contribution entails a comparative review or synopsis of the present state of the protection of personality rights. Realistically, this can only be a snapshot of the status quo in various legal systems and is not intended to give a detailed exposition. The aim is to summarise, systemise and to an extent critically reflect on the available literature, as well as to identify particular dogmatic and practical problems. The research results may also stimulate in-depth examination of particular aspects of personality protection. The topics dealt with are the recognition and basis of protection of personality rights, the scope of their protection, the relationship between the general right to personality and specific personality rights, the nature of personality rights and personality harm, the classification of specific personality rights, the distinction between personality rights and certain patrimonial rights, personality rights as human rights, post-mortem personality protection, and the personality rights of juristic persons.
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