O niemajątkowych środkach ochrony dóbr osobistych
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Date
1984
Authors
Advisor
Editor
Journal Title
Journal ISSN
Volume Title
Publisher
Wydział Prawa i Administracji UAM
Title alternative
On non-proprietary means of personal interests protection
Abstract
Provisions of the Press Law of 1984 encourage to the fresh insight into non
proprietary d a t a s deriving from impendence or infringement of personal interests.
The argumentation implies knowledge of problems of personal interests protection.
The question of proprietary means of protection is beyond the scope of the
article.
The elaboration consists of two parts. In the first one the author discusses
crucial questions related to interpretation of the Civil Code in the light of new
judicial decisions. Provision of art. 24 of the C.C. institutes two separate, basically
independent non proprietary claims: for desistance and for performing acts to remove
results of effected infringement. A person whose interest is impended over by
another person's act is entitled to the claim for desistance. The statute is introducing
the presumption of illegality of perpetrator's act. The author studies several
newest decisions concerning that claim. It can be also applied in the neighbourhood
relations resulting in the interdiction of acts exceeding the average level of disturbances,
impending over such personal interests as health and peacefullness. A problem
of defining circumstances excluding illegality of acts is of a crutial importance.
Other questions are to be discussed with reference to the claim for removing
results of effected infringement. For a, long time that matter had its weight in
labor law in the respect of amending employee's record. Coming into force of Labor Gode brought about an essential change, and judicial decisions precised application,
of the Civil Code provisions to questions of records. The art. 24 of the
C.C. retains its full impact beyond the labor relations.
The second part of the elaboration dwells on a study of two institutions of the
press law i.e. amendment and opinion. Papers editor is obliged to insert a factual
correction of untrue or inaccurate information at the request of the interested party.
The same applies to publishing a reply to statements impending over personal interests.
In most of the cases it is a breach of good name (libel, indignity). The
author attempts at delimiting legitimate press critique and its effect on the right
to response.
Description
Sponsor
Digitalizacja i deponowanie archiwalnych zeszytów RPEiS sfinansowane przez MNiSW w ramach realizacji umowy nr 541/P-DUN/2016
Keywords
Citation
Ruch Prawniczy, Ekonomiczny i Socjologiczny 46, 1984, z. 3, s. 27-42
Seria
ISBN
ISSN
0035-9629