Osobní povaha práv a povinností vznikajících porušením práva na ochranu osobnosti vs. právo na život
Title in English | The personal nature of the rights and obligations arising from breach of protection of personality versus. Right to Life |
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Authors | |
Year of publication | 2010 |
Type | Article in Proceedings |
Conference | Dny práva – 2010 – Days of Law |
MU Faculty or unit | |
Citation | |
Web | http://www.law.muni.cz/sborniky/dny_prava_2010/files/prispevky/05_obcan/Rozbora_Marian_(4698).pdf |
Field | Law sciences |
Keywords | Breach of protection of personality; right to life. |
Description | The right of protection of personality is conceptually linked to the individuality of personality. Legal practice, therefore, concludes that the rights and obligations arising from violations of these rights are bound up with these people and death (extinction) of the person concerned, or "player" violation of personal rights expire. The termination occurs at both the substantive law and in terms of process (the process of succession can not be accepted). This interpretation, however, leads to obvious injustices, at least in situations where the intervention of the right of privacy is just in killing people, or bodily injury resulting in death. Therefore, the author seeks to address this question directly in the context of the right to life, especially taking into account the ECHR case law. In the context of the Czech national law, then he points to the other interpretative options. |
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