Original scientific paper
Specific Procedural Law Problems in Protecting of the Right on Personality
Aldo Radolović
; Faculty of Law, University of Rijeka, Rijeka, Croatia
Abstract
Civil law and civil procedural law protection of the right on personality demands their synergetic (joint and harmonized) operation.
On national and international level there is a problem with procedure, because the rules of substantive law on the right of personality are uncoordinated and scattered in different parts of public and private law; moreover, there are no effective procedural rules or they are insignificant, because they are not suitable to deal with the personality rights.
This article points at the necessity to educate judges in order to provide for an appropriate protection of the right on personality, because without that, it is not possible to expect changes that we want to achieve in this area.
The right on personality is a new and complex legal doctrine. The notions of substantive law in that sense have to be developed slowly and patiently, following the desire for new and universal ideas, but with the need to respect and to take into consideration traditional values of each nation as its “public policy”.
Procedural rules have to be adjusted so as to accommodate the demands of lawful, correct and effective protection of the right on personality. Otherwise, even the best substantive law regulation of the right on personality would be meaningless.
Keywords
right on personality; non-property right; protection of the right on personality; some procedural questions regarding protection of the right on personality; theory and sociology of the right on personality
Hrčak ID:
109726
URI
Publication date:
15.7.2013.
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