La protección del derecho al honor, a la intimidad y a la propia imagen en el tráfico privado internacional

Resumo

This thesis covers private international law aspects of violations of privacy and rights relating to personality, including defamation, both from an EU and from a Spanish perspective. The thesis discusses thoroughly international jurisdiction and applicable law, but it also addressed recognition and enforcement issues. In effect, the three key topics at the core of Private International Law- jurisdiction, applicable law and enforcement of foreign judgments- are addressed in the present study. The broad scope of its subject matter is closely related to the view that current developments regarding jurisdiction, applicable and recognition and enforcement in the field of non contractual obligations arising out of violations of personality rights are very much interconnected within the EU. The present study focuses mainly on cross-border civil protection of personality rights, in particular everyone’s right to respect for his or her private and family life. Particular attention is paid to the right of protection of honour and reputation, to respect of privacy and the protection of the own image. Moreover, the private law implications of violations to the fundamental right to protection of personal data are also considered given their paramount importance in the context of the information society. The study of the Private International Law aspects of the extra-contractual obligations derived from the violation of personality rights presents in the current sociological and technological context a singular interest and a special complexity from the European and Spanish perspective.