TY  - BOOK
AU  - Márton,Edina
TI  - Violations of personality rights through the Internet: jurisdictional issues under European law 
T2  - Schriften des Europa-Instituts der Universität des Saarlandes--Rechtswissenschaft
SN  - 9783848727261
AV  - KJE1620 .M37 2016
U1  - 346.4 23
PY  - 2016///
CY  - Baden-Baden, [Oxford, England]
PB  - Nomos, Hart Publishing
KW  - Libel and slander
KW  - European Union countries
KW  - Conflict of laws
KW  - Jurisdiction
KW  - Personality (Law)
KW  - fast
KW  - Europe
N1  - "This book is based on my doctoral thesis, which I successfully defended at Saarland University, Germany, in July 2015"--Page 5; Includes bibliographical references (pages 319-348); Background : four national perspectives on violations of personality rights -- Background : characteristics of the Internet -- Mapping the legal landscape : the Brussels-Lugano regime -- Jurisdiction in tort : a general note on Art. 7(2) with particular regard to violations of personality rights -- Jurisdiction in offline violations of personality rights : the Shevill judgment -- Jurisdiction in online violations of personality rights : reviewing 16 years' proposals -- Jurisdiction in online (potential) violations of personality rights : the eDate and Martinez judgment -- A proposal to reform the eDate and Martinez judgment
N2  - "This book considers jurisdictional issues on violations of personality rights through the Internet under the so-called 'Brussels-Lugano Regime' and centers on the special rule of jurisdiction in matters relating to tort, delict, or quasi-delict. It notes the governing objectives and underlying principles of this special rule; analyzes its interpretation through the judgments of the ECJ, especially Bier, Shevill, and eDate and Martinez; and explores views expressed in legal theory and national judicial practice regarding its application for localizing online violations of personality rights. The book aims to examine how the eDate and Martinez approaches advance administrability, predictability, and litigational justice and to assess whether they are suitable jurisdictional bases in Europe, where common legal norms, interests, and values increasingly integrate and connect persons. The author concludes that they are not and recommends their possible reform."--
ER  -