engleski

Law Applicable to Personality Rights Violation in US: Is the Grass Greener on the Other Side of the Atlantic?

The approach to substantive protection of personality rights in the EU and the US is completely different. Whereas, the US legal system protects personality through pre-existing torts, the EU Member States, either through statutes or case law, define the legal value which should be awarded protection. The difference in the personality rights approach is apparent in the realms of applicable law, as well. EU Member States, in the absence of the unified conflict of law rule, rely on national statutory provisions. In the US, the Restatement Second, Conflict of Laws, regardless of its non- binding nature, has proven to be persuasive and courts tend to rely on it in determining applicable law. The empirical analysis shows that both approaches demonstrate advantages and disadvantages observed from the perspective of legal values intrinsic to EU private international law of personality rights such as legal certainty and predictability, as well as, balancing the conflicting interests of parties.

applicable law ; conflict of laws ; EU law ; personality rights ; US law

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