The legal protection of personality rights : Chinese and European perspectives /
The legal protection of personality rights : Chinese and European perspectives /
edited by Ken Oliphant, Pinghua Zhang, Lei Chen.
- 1 online resource.
- Chinese and comparative law series ; 5 .
- Chinese and Comparative Law Series 5. International Law E-Books Online, Collection 2018, ISBN: 9789004353329. .
Includes index.
Front Matter -- Contents -- Preface -- Introduction / On the Legal Protection of Personality Rights in General: Europe -- The Protection of Personality Rights in Comparative Perspective: Basic Questions / Personality Rights in Different European Legal Systems: Privacy, Dignity, Honour and Reputation / The Protection of Personality Rights in Private Law: Remedies / Human Rights and the Protection of Personality Rights in Europe: Comparative Reflections / On the Legal Protection of Personality Rights in General: China -- Codifying Personality Rights in China: Legislative Innovation or Scaremongering? / The Structure of the Interest in Personality and the Introduction of a Statutory Right of Personality / Special Topics Relating to the Protection of Personality Rights by Private Law -- Personality Rights and the Internet in Europe / The Right to Privacy in the Internet Age: The Chinese Perspective / Personality Rights, the Mass Media and the European Convention on Human Rights / Protection of Patient Personality Rights in China / On the Independence of Personalities and Restrictions on the Status of Spouses / Ken Oliphant and Zhang Pinghua and Chen Lei -- Barbara C Steininger -- Eva Ondreasova -- Monika Hinteregger -- Ernst Karner -- Chen Lei -- Zhang Pinghua -- Laura Emilia Weissel -- Wang Jia -- Thomas Thiede -- Ding Chunyan -- Fan Liying.
Available to subscribing member institutions only.
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.
9789004351714
10.1163/9789004351714 DOI
2017049186
Personality (Law)--Comparative studies.
Personality (Law)--China.
Personality (Law)--Europe.
K627
346.01/2
Includes index.
Front Matter -- Contents -- Preface -- Introduction / On the Legal Protection of Personality Rights in General: Europe -- The Protection of Personality Rights in Comparative Perspective: Basic Questions / Personality Rights in Different European Legal Systems: Privacy, Dignity, Honour and Reputation / The Protection of Personality Rights in Private Law: Remedies / Human Rights and the Protection of Personality Rights in Europe: Comparative Reflections / On the Legal Protection of Personality Rights in General: China -- Codifying Personality Rights in China: Legislative Innovation or Scaremongering? / The Structure of the Interest in Personality and the Introduction of a Statutory Right of Personality / Special Topics Relating to the Protection of Personality Rights by Private Law -- Personality Rights and the Internet in Europe / The Right to Privacy in the Internet Age: The Chinese Perspective / Personality Rights, the Mass Media and the European Convention on Human Rights / Protection of Patient Personality Rights in China / On the Independence of Personalities and Restrictions on the Status of Spouses / Ken Oliphant and Zhang Pinghua and Chen Lei -- Barbara C Steininger -- Eva Ondreasova -- Monika Hinteregger -- Ernst Karner -- Chen Lei -- Zhang Pinghua -- Laura Emilia Weissel -- Wang Jia -- Thomas Thiede -- Ding Chunyan -- Fan Liying.
Available to subscribing member institutions only.
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.
9789004351714
10.1163/9789004351714 DOI
2017049186
Personality (Law)--Comparative studies.
Personality (Law)--China.
Personality (Law)--Europe.
K627
346.01/2