Stefanchuk R. Civil and legal protection of Honour, Dignity and Reputation

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0400U003050

Applicant for

Specialization

  • 12.00.03 - Цивільне право і цивільний процес; сімейне право; міжнародне приватне право

10-11-2000

Specialized Academic Board

Д 26.236.02

Institute of State and Law. V.M. Koretsky National Academy of Sciences of Ukraine

Essay

The thesis is devoted to the investigation of actual theoretical and law-applicable problems, which are connected with the elaboration and introduction of the protection of honour, dignity and reputation into the system of Civil Legislation and Civil Law of Ukraine. Honour, dignity and reputation as socio-philosophical categories have been investigated and their specification as civil-law objects has been considered. The subjective and objective aspects of honour and dignity have been distinguished. Such values as "business reputation", "reputation", "goodwill" "respected name" etc have been researched. The essence of the right of protection of honour, dignity and reputation, as the subjective right, and possibility of regulating of these personal non-property values by civil-law method have been analyzed. Historical aspect of protection of honour, dignity and reputation is derived from Jus Romanum as responsibility by delict "injuria". The protection of these personal non-property values was coined in to the native legislation in the Russkaya Pravda, for the first time, and had the criminal-law nature. Later it acquired the civil-law shade. The tendencies of the development of civil-law protection of honour, dignity and reputation from their first legislation reglamentation in the Principles of Civil Law of Soviet Union and Soviet Republics (1961) to the last modern conceptions, which are stated in the New Draft Civil Code of Ukraine, have been analyzed. The historical development of the Native legislation of protection of honour, dignity and reputation have been divided into seven stages. The investigation of conditions of civil-law protection of honour, dignity and reputation, such as: 1) information spread as a statement, the sense of which is comprehended by the third person in spite of the means by what it was conveyed; 2) information, discrediting honour, dignity and reputation as a statement about deeds that are not coincide with social rules of morality and law or may coincide with these rules but contradict the points of view, traditions, foundations of a certain social group, to which a person belongs, or contradict his own system of believes; 3) non-corresponding to reality or station false information is signified. The idea about non-sufficiency and non-completeness of these conditions of protection has been grounded. New approach on existing conditions and necessity of adding the forth one - personification of information about concrete the subject or the group of persons as a statement which is referred to the concrete person or the group of persons to which the person, mentioned above, belongs - have been proposed. German, English and American defamation laws have been investigated. The expediency of separation of the ways of spreading of information as: verbal; written; with a help of mimicry, gestures, or other formed actions; broadcasting; with a help of facilities of electronic communication's spreading - and necessity of it have been proved.

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