In the following essay, I will discuss the issue of multiple locations of torts in cases of press torts and the theories to solve this problem. I will do so in first explaining what torts, especially press torts are. Afterwards, I will continue with the problems which arise out of this special kind of tort and lead it to a solution. In the end, I will present a little case in order to apply the fore mentioned issues to it. This shall make the facts clearer. II. Main Part 1. What are press torts? A tort in general is a civil wrong not arising out of a contract or statute which came about when one of a person’s legal assets is injured by another person1. This injury gives the injured person the right to sue the wrongdoer for damages2. With regard to press torts the injury must be brought about with the help of a written and printed device such as a newspaper, a magazine or a book. These press releases are able to violate a person’s personal rights3. This happens, for example, if a picture is published without the consent of the depicted person or a violation of a person’s honour takes place. First of all, it is questionable which conflict norms should be applied with regard to these torts. Both the Brussels Regulations4 and the Introductory Act of the German Civil Code (IACC) come into consideration.
Inhaltsverzeichnis (Table of Contents)
- I. Introduction
- II. Main Part
- 1. What are press torts
- 2. Jurisdiction of Courts
- 3. Applicable Law
- 4. How to deal with multiple locations of torts
- a) "Extended Favour Principle"
- b) "Principle of Habitual Residence"
- c) "Mosaic Principle"
- d) Statement
- 5. Case Study
- a) Applicability of the Brussels Regulations
- b) Points of Attachment
- c) Jurisdiction and Applicable Law
- III. Conclusion
Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)
This article examines the complex legal issues arising from press torts that occur in multiple locations. The author analyzes jurisdictional challenges, explores the application of various legal theories to resolve conflicts of law, and presents a practical case study to illustrate the complexities involved.
- Jurisdiction of Courts in Press Torts
- Applicable Law in Cross-Border Press Torts
- Theories to Address Multiple Locations of Torts
- Case Study Analysis
- The Role of the Brussels Regulations in Press Torts
Zusammenfassung der Kapitel (Chapter Summaries)
- I. Introduction: This introductory chapter sets the stage by defining the concept of press torts and outlining the legal challenges associated with multiple locations of torts. It provides a brief overview of the complexities surrounding jurisdiction and applicable law in cross-border cases.
- II. Main Part: This section delves into the core issues of the article, examining various aspects of press torts and their legal implications.
- 1. What are press torts: This chapter explains the nature of press torts and provides examples of common legal violations in this area. It explores the definition and characteristics of press torts, highlighting their significance in the context of international law.
- 2. Jurisdiction of Courts: This chapter discusses the jurisdictional considerations in cases of press torts, analyzing different legal principles and their application to cross-border disputes. It explores the criteria used by courts to determine which jurisdiction has the authority to hear a case.
- 3. Applicable Law: This chapter examines the rules governing the choice of law in international press tort cases. It analyzes different conflict-of-law rules, focusing on how these rules determine which legal system applies to a specific case.
- 4. How to deal with multiple locations of torts: This chapter presents and analyzes various legal theories that have been proposed to address the challenge of multiple locations of torts. The author discusses the "Extended Favour Principle," the "Principle of Habitual Residence," and the "Mosaic Principle."
- 5. Case Study: This chapter provides a detailed analysis of a real-world case involving press torts that occurred in multiple locations. It applies the legal concepts and theories discussed in previous chapters to the specific facts of the case, illustrating the practical application of the law in this context.
- a) Applicability of the Brussels Regulations: This sub-section examines the relevance of the Brussels Regulations in the context of the case study. It explores the scope of the regulations and their application to cross-border disputes involving press torts.
- b) Points of Attachment: This sub-section identifies the relevant points of attachment in the case study. It explores the factors that connect the case to different jurisdictions, such as the location of the publication, the residence of the parties, and the place where the harm occurred.
- c) Jurisdiction and Applicable Law: This sub-section analyzes the jurisdictional and applicable law issues in the case study. It applies the legal principles and theories discussed earlier to determine which jurisdiction has authority and which law applies to the dispute.
Schlüsselwörter (Keywords)
Press torts, international private law, multiple locations of torts, jurisdiction, applicable law, conflict of laws, Brussels Regulations, extended favour principle, principle of habitual residence, mosaic principle, case study.
- Quote paper
- Dr. Stefanie M. Bausch (Author), 2004, Discuss the issue of multiple locations of torts in cases of press torts and the theories to solve this problem, Munich, GRIN Verlag, https://www.grin.com/document/22918
