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The Influence of Constitutional Rights on the Formulation of Modern Private International Law Regulations

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VALDHANS Jiří

Druh Článek ve sborníku
Konference The Organic Law of the State: Stages of Becoming and Developments in Central and East Europe
Fakulta / Pracoviště MU

Právnická fakulta

Citace
Obor Právní vědy
Klíčová slova constitutional rights; private international law; defamation; right of privacy; freedom of speech
Popis Contribution deals with the constitutional aspects of certain private international law rules. One of the constitutional rights protecting the integrity of persons, right to privacy is in the substantive civil law protected by the institute of defamation. Private international law helps to handle with defamation with international element. Defamation as a delict was incorporated to the new European PIL Rome II Regulation. The preparatory works on Rome II Regulation were difficult in relation to the provision dealing with defamation. Notwithstanding it shows the effort of making provision for the right of privacy it closely cohere with other constitutional right, freedom of speech. Incapability to find well-balanced solution between these two constitutional rights mentioned above showed up in the deleting of the provision dealing with defamation from the draft and adoption of the Rome II Regulation without this provision.
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