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The Legal Protection of Personality Rights: Chinese and European Perspectives

Edited by: Ken Oliphant, Pinghua Zhang, Lei Lei Chen Chen

ISBN13: 9789004276291
Published: March 2018
Publisher: Brill Nijhoff
Country of Publication: The Netherlands
Format: Hardback
Price: £140.00

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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.

Intellectual Property Law, Other Jurisdictions , China
Ken Oliphant, Chen Lei and Zhang Pinghua
List of Authors
Ken Oliphant, Chen Lei and Zhang Pingua
Part 1: On the Legal Protection of Personality Rights in General: Europe
1. The Protection of Personality Rights in Comparative Perspective: Basic Questions
Barbara C Steininger
2. Personality Rights in Different European Legal Systems: Privacy, Dignity, Honour and Reputation
Eva Ondreasova
3. The Protection of Personality Rights in Private Law: Remedies
Monika Hinteregger
4. Human Rights and the Protection of Personality Rights in Europe: Comparative Reflections
Ernst Karner
Part 2: On the Legal Protection of Personality Rights in General: China
5. Codifying Personality Rights in China: Legislative Innovation or Scaremongering?
Lei Chen
6. The Structure of the Interest in Personality and the Introduction of a Statutory Right of Personality
Zhang Pinghua
Part 3: Special Topics Relating to the Protection of Personality Rights by Private Law
7. Personality Rights and the Internet in Europe
Laura Emilia Weissel
8. The Right to Privacy in the Internet Age: The Chinese Perspective
Jia Wang
9. Personality Rights, the Mass Media and the European Convention on Human Rights
Thomas Thiede
10. Protection of Patient Personality Rights in China
Ding Chunyan
11. On the Independence of Personalities and Restrictions on the Status of Spouses
Fan Liying