The issues of personal identity and protection of privacy are either examined (necessarily briefly) in the textbooks and supplementary works of General Principles or, on specific topics, are the subject of specialized, often extensive, studies. On the other hand, the enormous number and variety of Greek court decisions dealing with civil protection of personal identity is impressive. Thus, a book that attempts a comprehensive overview of the provisions of the Civil Code regarding identity and personal identity and the relevant reflection constitutes a scientific challenge and fills a real gap in Greek literature. The main axes on which the book moves are: the attempt at a systematic interpretation of Articles 57-59 of the Civil Code, with the meaning of forming a general theory of civil protection of personal identity in Greek law; the emphasis on the analysis, from the unlimited number of emerging issues, on those that are subject to dispute or that fall within the most modern thinking about identity and personal identity; the attempt to link the analysis with the most recent Greek case law and the case law of the European Court of Human Rights.
In this context, the book covers a wide variety of issues: The first part examines the concept and legal capacity of the natural person, the commencement of personhood, the fetus (Article 36 of the Civil Code: concept, relationship with assisted reproduction, claims for the death of the fetus, claims for compensation and monetary satisfaction in favor of the fetus), the concept and proof of death, disappearance, and residence. The second part, which is dedicated to the protection of personal identity, analyzes the historical evolution and characteristics of protection under the Civil Code and the protected manifestations of personal identity. Emphasis is given to issues such as the protection of life and euthanasia, the protection of physical integrity and health, the consideration of consent to medical acts and clinical research on humans, the legal treatment of the human body, its organs and tissues, genetic material, genes, the protection of image, voice, history, family life, and honor, the protection of individuals from the processing of personal data and its relationship to the protection of privacy, the protection of the environment with the application of provisions of the Civil Code, offenses to personal identity through the Internet, the consideration of the management of personal identity data with pecuniary value (right of publicity), and the legal treatment of the difficult problem of "unwanted" births and "life from error" (wrongful life). Special cases of posthumous protection of personal identity and protection of the name are also examined.
The conditions for the protection of personal identity are examined, focusing on the concept of unlawful infringement. In particular, the issues of consent to the infringement of personal identity and the balancing of the right to personal identity with other rights and interests are analyzed, with special reference to offenses to honor, image, and private life through the press and the media, as well as the relationship of the right to personal identity with the freedom of art and science.
Finally, the claims of the person from the offense of personality, such as the claim for financial compensation due to moral damage (conditions, proportionality principle-based control) are presented, and specific difficult issues of compensation and financial satisfaction are addressed, which concern offenses through the media, personal data, economic exploitation of personal information, and unwanted births.
The book has a detailed table of contents and bibliography, as well as an index.
Manufacturer
- Author
- Katerina Fountedaki
- Publisher
- Ekdoseis Sakkoula A.E.
- Type
- Law - Rights, Humanities, Computers - Informatics, Internet & Social Media, Medicine - Therapies, Biology of Natural Sciences, Anatomy, Sociology, Culture, Mathematics of Positive Sciences, Chemistry of Positive Sciences
- Language
- Greek
- Cover
- Soft
- Number of Pages
- 520
- Release Date
- 01/01/2012
- Publication Date
- 2012
- Dimensions
- 24x17 cm
- ISBN-13
- 9789604457731
Important information
Specifications are collected from official manufacturer websites. Please verify the specifications before proceeding with your final purchase. If you notice any problem you can report it here.