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The Legal Protection of Personality Rights: Chinese and European Perspectives

The Legal Protection of Personality Rights: Chinese and European Perspectives

Author: Ken Oliphant; Pinghua Zhang; Lei Lei Chen Chen
Publisher: Brill Nijhoff
ISBN: 9789004276291
Published In: March 2018
Format: Hardback
Jurisdiction: Netherlands ? Disclaimer:
Countri(es) stated herein are used as reference only

AU$396.34

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Description
Contents

Details

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.

Preface

Ken Oliphant, Chen Lei and Zhang Pinghua

List of Authors

Introduction

Ken Oliphant, Chen Lei and Zhang Pingua

Part 1: On the Legal Protection of Personality Rights in General: Europe

The Protection of Personality Rights in Comparative Perspective: Basic Questions

Barbara C Steininger

Personality Rights in Different European Legal Systems: Privacy, Dignity, Honour and Reputation

Eva Ondreasova

The Protection of Personality Rights in Private Law: Remedies

Monika Hinteregger