Reflecting on the rights of the personality from the perspective of the right to own image.
Reflexionando sobre los derechos de la personalidad desde la perspectiva del derecho a la propia imagen.
| 2016 | |
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derecho privado derechos fundamentales derecho a la propia imagen Chile private law rights of personality self-image Chile |
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| Español | |
| Universidad Católica del Uruguay | |
| LIBERI | |
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https://revistas.ucu.edu.uy/index.php/revistadederecho/article/view/750
https://hdl.handle.net/10895/4036 |
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| Acceso abierto |
| Sumario: | Abstract. Constantly, law is in a process of transformation. Its institutions must be adaptedin light of social changes and new trends. Within this context, it has strongly emerged a new paradigm into Private Law, which modifies its object of protection, from one focusedon patrimonial issues towards another one based on the moral sphere of person:according to this new way of understanding, the individual, conceived as a moral agent rather than as a merely subject capable to take part in legal transactions, is now the cornerstone of the concern of Private Law.An important consequence of the above is the protection that the Law has begun toprovide to the rights of personality – a technical expression allowing to encompass withinPrivate Law context those interests protected by the Constitutional Law through the figureof the fundamental rights – which form part of a broader phenomenon, namely the“constitutionalization of private law”.Precisely, this evolution lived by our Private Law is well reflected on the notion that hasbeen developed for the “right to self-image” and its respective evolution, to which someauthors add their gradual autonomy, based on a purposive reinterpretation of fundamentalrights, in line with the objectives of protection of human beings which are supposed by its recognition, and in a progressive interpretation of the instruments useful for its recognition. |
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