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protection of personality rights

Protection of personality rights is guaranteed to every human or, more precisely, to every individual, it takes care of protection of physical and mental integrity as a basic human right during one's life.

In the jurisprudence of the Czech Republic, the main source of protection of personality rights is, besides the Charter of Fundamental Rights and Freedoms, the Civil Code No. 89/2012 Coll., in which a demonstrative list of particular personality rights is provided (human health, human dignity, name, privacy and manifestations of personal character, likeness, etc.). However, the regulation of personality rights protection is not limited to the Civil Code. Instead, the protection of personality rights is entangled in numerous other law fields, e.g. the Criminal Law or the Media Law.

In the case of an unwarranted interference, the aggrieved person can apply many different claims derived from the Civil Code, regulating obligations from delicts. Due to the nature of the damage, the most frequently asserted claim is probably the right to provide adequate satisfaction.

The law differentiates between an unwarranted and warranted interference with personality rights. In most cases, the latter is justified by a consent from the aggrieved person or by legal licenses, leal permission e.g. news reporting or scientific use.

The protection of personality rights is closely related to the protection of the "personality rights" of legal entities, otherwise known as rights associated with the legal personality of legal entity. Even with all the differences between legal entities and individuals, the personality rights protection given by the Civil Code to the former significantly resembles the one provided to the latter. These protected values ​​include name, privacy and reputation of the legal entity. The business name of the legal entity is also protected. The protection of rights to a business name always belongs to the person who legally used it for the first time. Those who have been affected in their right to a business name have the same rights as in protection against unfair competition.

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