Abstract

ASSIS-ZANINI, Leonardo Estevam De. The Protection of the Image and Privacy in France. Rev. Derecho Privado [online]. 2018, n.34, pp.157-175. ISSN 0123-4366.  https://doi.org/10.18601/01234366.n34.06.

This article analyzes the emergence and development of the protec tion of the image and privacy in France. It emphasizes that initially the defense of these rights was only work of the courts, that created rules applicable to the concrete cases. The courts used the general clause of civil liability, because the re was no developed doctrine on personality rights. Subsequently the matter also began to be object of study of the French doctrinators. Unlike Germany, which granted protection very early, France only regulated these rights with the promulgation of the Law 70-643, of 17th July 1970, which introduced the right to privacy in the article 9 of the French Civil Code. This norm reinforced the protection of the personality, but it remains to be seen whether there has also been an improvement in the protection of the image in France, which we will study in this article.

Keywords : Right to image; right to privacy; personality rights; civil responsibil ity; French law.

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