Răspunderea pentru atingerile aduse vieţii private şi drepturilor personalităţii – aspecte de drept internaţional privat
Liability for the harm to privacy and personality rights – issues of private international law
Author(s): Alina Elena OpreaSubject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: privacy and personality rights; applicable law; place of the harmful event; place of prejudice; internal market clause; Rome II reform;
Summary/Abstract: In cross-border private litigation, the appropriate protection of private life and privacy is indissolubly linked to the application of private international law norms. The study offers an overview of the challenges raised by these rules, taking into account the traditional objectives of this branch of law and also the contradictory interests at stake. First, it analyses the solutions in the area of jurisdiction – the rules provided by the EU Brussels Ia Regulation and those instituted by the ECJ in its case law – reflecting the efforts made in order to adapt “general norms” to these special torts and also to the technological evolutions. The second part is devoted to conflicts of laws, the presentation of the inconveniences and difficulties generated by the application of national provisions – with an emphasis on art. 2.642 from the Romanian Civil Code – being followed by a brief evocation of the efforts made at the European level for the establishment of uniform rules.
Journal: Revista Română de Drept Privat
- Issue Year: 2017
- Issue No: 04
- Page Range: 153-181
- Page Count: 29
- Language: Romanian
- Content File-PDF