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Violations of Personality Rights through the Internet - Jurisdictional Issues under European Law (Hardcover)
Loot Price: R3,955
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Violations of Personality Rights through the Internet - Jurisdictional Issues under European Law (Hardcover)
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This book considers jurisdictional issues on violations of
personality rights through the Internet under the so-called
'Brussels-Lugano Regime' and centres on the special rule of
jurisdiction in matters relating to tort, delict, or quasi-delict.
It notes the governing objectives and underlying principles of this
special rule; analyses its interpretation through the judgments of
the ECJ, especially Bier, Shevill, and eDate and Martinez; and
explores views expressed in legal theory and national judicial
practice regarding its application for localising online violations
of personality rights. The book aims to examine how the eDate and
Martinez approaches advance administrability, predictability, and
litigational justice and to assess whether they are suitable
jurisdictional bases in Europe, where common legal norms,
interests, and values increasingly integrate and connect persons.
It concludes that they are not and recommends their possible
reform.
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