The legal protection of personality rights : : Chinese and European perspectives / / edited by Ken Oliphant, Pinghua Zhang, Lei Chen.

• TeilnehmendeR: Oliphant, Ken.; Zhang, Pinghua, 1974-; Chen, Lei (Lawyer)
• Place / Publishing House: Leiden ;, Boston : : Brill/Nijhoff,, 2017.
• Year of Publication: 2017
• Language: English
• Series: Chinese and Comparative Law Series 5.
• Physical Description: 1 online resource (x, 227 pages).
• Notes: Includes index.

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.

Table of Contents

Front Matter -- Contents -- Preface -- Introduction / Ken Oliphant and Zhang Pinghua and Chen Lei -- 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 -- Human Rights and the Protection of Personality Rights in Europe: Comparative Reflections / Ernst Karner -- On the Legal Protection of Personality Rights in General: China -- Codifying Personality Rights in China: Legislative Innovation or Scaremongering? / Chen Lei -- The Structure of the Interest in Personality and the Introduction of a Statutory Right of Personality / Zhang Pinghua -- Special Topics Relating to the Protection of Personality Rights by Private Law -- Personality Rights and the Internet in Europe / Laura Emilia Weissel -- The Right to Privacy in the Internet Age: The Chinese Perspective / Wang Jia -- Personality Rights, the Mass Media and the European Convention on Human Rights / Thomas Thiede -- Protection of Patient Personality Rights in China / Ding Chunyan -- On the Independence of Personalities and Restrictions on the Status of Spouses / Fan Liying.