Full-text resources of CEJSH and other databases are now available in the new Library of Science.
Visit https://bibliotekanauki.pl

Refine search results

Journals help

  1. 2 Studia Iuridica

Authors help

  1. 2 Rycko N.

Years help

  1. 1 2019

  2. 1 2018

Results found: 2

first rewind previous Page / 1 next fast forward last

Search results

help Sort By:

help Limit search:
first rewind previous Page / 1 next fast forward last
1
Publication available in full text mode
Content available

Wskazanie prawa właściwego przez osobę żądającą ochrony dóbr osobistych według ustawy – Prawo prywatne międzynarodowe

100%
Rycko N.
Studia Iuridica
|
2017
|
vol. 72
333-347
PL
Law applicable to the protection of the rights of personality rights is regulated by a method of alternative indication with two equivalent connecting factors. The legislator has not specify who and how should determine which one will apply. Both the linguistic formulation and functional arguments support the conclusion that it is the right of the claimant. In case of lack of such indication the court should apply the law which is most closely connected to the situation.
2
Publication available in full text mode
Content available

Statut ochrony dóbr osobistych w ustawie – Prawo prywatne międzynarodowe – wybrane zagadnienia

100%
Rycko N.
Studia Iuridica
|
2018
|
vol. 78
386-401
PL
Law applicable to the protection of the rights of personality rights is regulated by a method of alternative indication with two equivalent connecting factors. The interpretation of these criteria – the place of the infringement of personal rights and the place where the damage occurred – may cause difficulties. The interpretation given by the European Court of Justice in the cases of Shevill and eDate Martinez seems to be the first to be taken into account, although exceptions should be admitted in justified cases. If the effects of infringement of the rights of personality occur in the territory of many states, it is to be assumed that the damage existing in each of them is governed by its legal system. However, this mosaic principle should only be applied where the person requesting the protection indicates the applicable law of the place of effect. If the law of the place of the infringement of personal rights is indicated, the norms of one legal system should be applied.
first rewind previous Page / 1 next fast forward last
JavaScript is turned off in your web browser. Turn it on to take full advantage of this site, then refresh the page.