Publication at Faculty of Law |
2016
Abstract
The notion of the protection of personal rights is described in general. The expressions used are vague to allow the courts to subordinate various breaches under the protection.
The New Civil Code unfortunately does not include the safeguards and contra balancing rights such as freedom of speech and freedom to information. Such a vagueness leads to excessive use of the protection, use of preliminary inhibitory injunctions that achieve the contrary purpose such as the chilling effect.
One of the main are for discussion is assessing damages - determination of the amount of pecuniary satisfaction.