ASMENS NETURTINIŲ TEISIŲ PO MIRTIES TEISINĖS APSAUGOS IR ĮGYVENDINIMO PROBLEMOS

Tomas Pukšmys

Abstract


The main objective of the present article is to examine the need to adjust relevant provisions of the Civil Code of the Republic of Lithuania governing the protection of personal non-property rights after death. In this context, the initial part of the analysis deals with the protection and implementation of the personal non-property rights after death. The following part gives an overview of the compensation of non-pecuniary damage as a way of protection of rights in case of infringements of personal non-property rights after death. The final part of the article analyzes the need and possibilities of legal regulatory adjustments of personal non-property rights after death. The Conclusions suggest to establish the succession of persons entitled to implement the personal non-property rights after death under the law. In addition, it is recommended to assess the individual’s right to decide still being alive who shall defend and implement his/her personal non-property rights after death.

KEY WORDS: personal non-property rights after death, non-pecuniary damage, personal right to an image, personal right to a private life.


DOI: http://dx.doi.org/10.15181/tbb.v69i1.1058


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