Lex loci delicti v prípadoch difamácie
| Title in English | Lex loci delicti in defamation cases |
|---|---|
| Authors | |
| Year of publication | 2013 |
| Type | Chapter of a book |
| MU Faculty or unit | |
| Citation | |
| Description | After the failed attempt to unify choice of law rule for international defamation in Rome II regulation, this issue is still not unified. One of the reasons is that defamation represents intervention to the privacy of persons and directly affects the fundamental human right -right to privacy. However this rights is not unlimited, and should be in balance with the freedom of the expression. Since choice of law rule should reflect balancing of these rights, it is very difficult to find satisfactory solution. Only few countries in the European Union have special choice of law rule for defamation. The majority approach lies in the application of lex loci delicti rule. In this paper I would like to examine the suitability of application of lex loci delicti rule for defamation cases with an international element as well as results of application of this rule in practice. Presumption is that quantitative changes related with the change of social conditions for the emergence and spread of defamation require qualitative changes in choice of law solution. |
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