Posykaljuk O. Personal Non-Property Rights of natural person under the Romanistic, Germanic and Anglo-American private law systems

The thesis deals with research of features of embodying in the laws and protection of the personal non-property rights of natural persons under the Romanistic, Germanic and Anglo-American private law systems. The basic differences of legal regulation of the personal non-property rights of natural persons under the different private law systems are described based on analysis of doctrine, legal texts and court practice. Taking into consideration the relativity of the noted differences, the processes of convergence of the legal systems are analyzed. The influence on Europeanization of private law carried out by the Convention for the Protection of Human Rights and Fundamental Freedoms and practice of the European Court of Human Rights is ascertained. Special attention is focused on the issues Draft Common Frame of Reference and it's role for Europeanization of private law, especially through conditions of delictual liability of infringement personal non-property rights of natural persons. The genesis and development of doctrine, legal texts and practice of judicial protection of the personal non-property rights of natural persons under the Romanistic, Germanic and Anglo-American private law systems is analyzed by way of example of the French Republic, the Federal Republic of Germany, the United Kingdom of Great Britain and Northern Ireland, and also the United States of America. Concept, features and system of the personal non-property rights of natural persons are considered in the dissertation. The author suggests to complement the system of the personal non-property rights of natural persons, according to the domestic civil law science, by two types of the special (individual) personal non-property rights of natural persons, namely, workplace privacy and consumer privacy. Research of the system and legal remedies of personal non-property rights of natural persons allowed defining different approaches in relation to their civil protection under the researched private law systems. The regulation of the personal non-property rights of natural persons under the Romanistic private law system is characterized: statement the underlying principle of inviolability of the person; affirm nonexhaustive list of the personal non-property rights of natural persons; enforce the civil remedies in case of their infringement. The regulation of the personal non-property rights of natural persons under the Germanic private law system is characterized: recognition the general personal non-property right of natural persons, which is, in essence, the right to have one's personality protected; affirm special personal non-property rights of natural persons such as right to one's name, right to one's image; enforce the preventive, deterring, renewal and indemnified civil remedies in case of their infringement. There are two approaches to the regulation of the personal non-property rights of natural persons under Anglo-American private law system: English and American. English approach is characterized by the objection affirming special right of privacy and statement of the special torts for privacy protection. Instead, the legal protection of the personal non-property sphere is realized with a help of broad interpretation of the traditional system of torts. The feature of American approach is affirming of the right of privacy and statement of the special torts for privacy protection. Issues of civil and law protection of the personal non-property rights of public figures is researched in the thesis too. Public figures can be classified using of objective (role and place in society) or subjective (intention to become public figures) characteristic of division. Meaning of establishment of legal status of public figures and classifying them consists in statement of different limits of lawful interference in private life of the specified categories of natural persons