Ochrona dóbr osobistych w znowelizowanym kodeksie cywilnym szwajcarskim
Protection of personal rights in the amended Swiss Civil Code

Summary/Abstract: On 1 July 1985, a law amending the Swiss Civil Code with regard to the protection of personal rights came into force. The new shaping of the basis for tort liability had direct consequences in the sphere of personal rights protection. If a violation is objectively illegal (e.g. a violation of dignity through dissemination of false statements), it would be adequate to show that the perpetrator could have acquired information regarding the false nature of his or her claims with due diligence. In addition, thanks to the wording of Article 55 of the Obligatory Law of 1881, ample scope was created for the potential award of compensation in the event of any serious violations of the sphere of personal relations. Judicial practice immediately took advantage of the newly created solutions, making extensive use of the redress institution.

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