Abstract

BOROWSKI, MARTIN. The Drittwirkung viewed in the context of the transformation of moral rights into basic rights. Rev. Derecho Estado [online]. 2020, n.45, pp.3-27. ISSN 0122-9893.  https://doi.org/10.18601/01229893.n45.01.

The conceptual construction of the Drittwirkung has played an important role in the history of the German dogmatic of the fundamental rights. In this paper will be analyzed the classical constructions of the Drittwirkung in the jurisprudence and in the academic debate. Likewise, the author proposes to widen the classical conception of the Drittwirkung in order to adapt it to the new challenges that face the basic rights. The latter, will be achieved through the theory of the transformation of moral rights into basic rights.

Keywords : Basic rights; Horizontal effect; Drittwirkung; Moral rights; Third parties.

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