Chapter 53: Personality rights*
Restricted access

Personality rights recognize a person as a physical and spiritual–moral being (Joubert, 1953, pp. 139 ff.) and guarantee his enjoyment of his own sense of existence (Von Bar, 2000, p. 61). The modern concept of personality rights is firmly established in many legal systems but they do not have the same views on the protection of these rights (ibid.). In Europe some systems, such as German law, recognize a general right to personality, from which all concrete rights of personality flow, as a general clause for comprehensive personality protection (Neumann- Duesberg, 1991, pp. 957–8; Larenz and Canaris, 1994, pp. 491, 518–19; Van Gerven et al., 2000, pp. 163 ff., 142 ff., 165–6; Von Bar, 1996, pp. 583–4; Helle, 1991, pp. 6–7, 11). Others, for example France and Belgium, have and see no need for the recognition of a general right to personality because they developed a wide-ranging protection of personality rights on the basis of general delictual principles (Kerpen, 2003, pp. 44 ff.; Van Gerven et al., 2000, pp. 57 ff.; Rogers et al., 2001, pp. 87–9; Schmitz, 1967, pp. 4–6; Guldix and Wylleman, 1999, pp. 1589–94; Von Bar, 2000, p. 94). This is also the position in South Africa (Neethling, Potgieter and Visser, 2005, pp. 39–59; Burchell, 1996, pp. 639 ff.).

You are not authenticated to view the full text of this chapter or article.

Access options

Get access to the full article by using one of the access options below.

Other access options

Redeem Token

Institutional Login

Log in with Open Athens, Shibboleth, or your institutional credentials

Login via Institutional Access

Personal login

Log in with your Elgar Online account

Login with you Elgar account
Edited by Jan M. Smits
Encyclopedia