Current problems of protecting the right of an individual to their own image

Автор: Mograbyan Armine Samvelovna

Журнал: Legal Concept @legal-concept

Рубрика: Главная тема номера

Статья в выпуске: 3 (24), 2014 года.

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On the basis of the analysis of legal regulation, taking into account the recent changes in the Civil Code of the Russian Federation as well the developed judicial practice, the author gives specific recommendations on improving the acting legislation on protecting the right of an individual to their own image. In particular, it is suggested to expand the list of material media on which an individual can be represented. Since the disputes on using dead person's image often arise in practice, the author makes conclusion about the necessity of more detailed legislative regulation in such cases. The author also makes conclusion on expediency of legislative consolidation of circumstances considered by courts when determining the amount of monetary compensation for moral harm in order to prevent the cases of its unreasonable over- or understating.

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Protection of civil rights, moral harm, right of an individual to appearance, right to one's own image, private non-property rights

Короткий адрес: https://sciup.org/14973608

IDR: 14973608

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