COMPARATIVE STUDY OF TORT LIABILITY FOR BREACH OF INTANGIBLE RIGHTS TO PERSONALITY AND HUMAN RIGHTS

Some legal systems recognize a general right to personality from which all concrete rights of personality flow or special laws about some of instances of this right has been adopted. Others have developed a wide-ranging protection of personality rights on the basis of general delictual principles. Intermixture of intangible rights to personality and human rights arises this question whether for this reason the judicial nature of the former rights will be changed or they receive apart form delictual protection, vertical constitutional protection against the state. In this case another question is that whether human rights have only vertical effect and is no more than a negative restriction on the exercise of government power or they also have horizontal effect and it is enforceable against individuals? Concerning ambiguity and gap of laws and weakness of legal literature and case law in Iran's legal system, in this article French, Germany, England and American law have been compared with Iran's law and some proposals have been offered and conclusions have been drawn that have not only theoretical but also practical value.